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GRAY’S 


CIVIL GOVERNMENT 

OF 

FLORIDA 


WITH INTRODUCTORY CHAPTERS 
ON GENERAL CIVICS AND 
SUPPLEMENT CONTAINING THE 
CONSTITUTION OF THE STATE. 


BY 

Ri A. GRAY 

h 


R. A. GRAY, Publisher, 

TALLAHASSEE, FLORIDA 







Copyrighted, ig2i 
By R. A. Gray 


N0lll9’2i 

§CI.A627801 

• I, 


PPESS OF 

E. O. PAINTER PRINTING CO. 
DE LAND. FLA. 




PREFACE 


Several years experience in school room contact with pu¬ 
pils and teachers, followed by more than ten years in the serv¬ 
ice of the State and National Government have deeply im¬ 
pressed me with the need of a more comprehensive text book 
on the Civil Government of Florida for use in the schools of 
our State. After discussing the subject with a number of 
our teachers and others vitally interested in the work of public 
education in Florida, and receiving from them much kindly 
encouragement to undertake the work of preparing a text em¬ 
phasizing the civil government of our own State, this volume 
has been written. It is published with full realization that it 
will be subject to much improvement; and constructive criti¬ 
cism from the educators of the State is invited. With the aid 
of criticisms and suggestions from the teachers who may use 
it future editions should be improved, and it will be revised 
from time to time that it may be made of more value in the 
schools and that it may be kept up to date with changes in 
administrative laws and governmental ideas as they develop. 

For the benefit of any teacher of civics who may use 
this text a word may be permitted as to the plan followed in 
its preparation. It is assumed that the pupil will have had 
previous instruction in general civics, particularly in the out¬ 
line of the government of the United States. Therefore, the 
discussion of civil government in its broader scope has been 
largely limited to the introductory chapters wherein an effort 
was made to lead up to the main body of the text with such 
subject matter as would form a fitting introduction to the 
work, and would give to the student added interest in the sub¬ 
ject. To arouse a spirit of inquiry and research, to cause the 
student to take a keener interest in the governmental affairs 


of his own State, and better fit him or her for the responsi¬ 
bilities of citizenship have been the main purposes in preparing 
the volume. If any measure of success in developing these 
ideas and carrying out these purposes is attained it must, of 
course, be with the aid and co-operation of the teacher of civ¬ 
ics into whose hands it may come. 

The plan of the text contemplates that after finishing 
the introductory chapters dealing with civil government some¬ 
what in the abstract, the student will take up the study of the 
government of Florida immediately following the chapter de¬ 
signed to bring out a proper perspective of the relationship of 
the State to the Nation. 

In dealing with the subject of our own State government 
no effort has been made to draw particular distinction be¬ 
tween the generalization of the Constitution and the particu¬ 
larizing of the statutes, but care has been taken to mention 
the source of certain powers and requirements and thus enable 
the student to differentiate between what is a constitutional 
provision or requirement and what is provided by legislative 
enactment. 

The aim has been to give a picture of the State govern¬ 
ment, divided into the three co-ordinate branches, and the main 
purposes and functions of these departments. By analyzing 
the framework of the State government as it exists and study¬ 
ing its operation, it is hoped the student will acquire such 
added interest that will lead him on to further inquiry, and 
cause him to begin thinking for himself in terms of govern¬ 
mental relationship and the duties and privileges of citizen¬ 
ship. 

Acknowledgment is here made of the helpful suggestions 
from many friends among the educators of the State, and 
from public officials. Valuable aid has been received through 
references to many works on civil government and the history 
of government and English law. Particular mention should 
be made of the following: A Sketch of English Legal His- 


tory; Maitland and Montague, G. P. Putnam’s Sons, New 
York; Smith's Elementary Law; Walter Denton Smith, West 
Publishing Co.; State Government in the United States; Ar¬ 
thur N. Holcombe, The McMillan Company. 

Grateful acknowledgment is also made of the inspiration 
received from the faculty of the Georgetown University Law 
School where keener interest and deeper insight into history 
and functions of government came to me as a student in that 
institution. 

R. A. Gray. 

Tallahassee, Florida, 1921. 


t!Ct)e American’s! Creeb 


By Wm. Tyler Page 

I believe in the United States of America as a government 
of the people, by the people, for the people; whose just powers 
are derived from the consent of the governed; a democracy in 
a republic; a sovereign Nation of many sovereign States; a per¬ 
fect Union, one and inseparable; established upon those princi¬ 
ples of freedom, equality, justice, and humanity for which 
American patriots sacrificed their lives and fortunes. 

I therefore believe it is my duty to my country to love it; 
to support its Constitution; to obey its laws; to respect its flag; 
and to defend it against all enemies. 


Publishers Note.— “The American’s Creed” was selected as the best 
expression of Americanism, by competent judges, from a large number of 
offerings in a nation-wide contest. Its author—Hon. Wm. Tyler Page, 
Chief Clerk of The National House of Representatives—has kindly given 
his permission for its use in this volume. 




CONTENTS 


Chapter. 

1 . Origin and Purpose of Government. 

II. Forms of Government. 

III. The United States: A Republic Formed by a Union 

of States. 

IV. Federal Jurisdiction and States’ Rights. 

V. Florida: Its Boundaries, Divisions and Government. 

VI. The Three Divisions of the Government. 

VII. The Legislative Department. 

VIII. How the Laws Are Made. 

* IX. The Executive or Administrative Department. 

X. The Administrative Boards. 

XL The Public Service Commissions. 

XII. Other Administrative Officers. 

XIII. The Educational System of the State. 

XIV. The Military Establishment. 

XV. The Prison System. 

XVI. The County Government. 

XVII. Cities and Towns. 

XVIII. The Judicial Department. 

XIX. Court Procedure; Respect for the Courts and the 
Law; Mob Law; The “Hue and Cry.” 

XX. The Statutes and the Common Law; Trial by Jury; 

The Right of Appeal. 

XXL Elections and the Duty of Electors. 

XXII. Our Representation in the National Congress; Pres¬ 
idential Electors. 

XXIII. Land Surveys and Land Titles. 

XXIV. Taxation. 

XXV. Safeguarding the Health of the Citizens. 







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Gray’s Civil Government 
of Florida 


CHAPTER I 

Origin and Purpose of Government 

The Natural Origin of Civil Government.—Man in his 
primitive state was confronted almost solely with the problem 
of gaining food to sustain life and securing safety from fero¬ 
cious beasts. His needs were primal and his government was 
his own inclination. But man is by nature a social creature, 
that is, his natural tendency is to associate with his fellows 
rather than isolate himself. So with his increase in numbers 
in the earth he lived in groups or tribes. 

After the population of the inhabited places of the earth 
grew to the extent that groups or tribes of one locality were 
wont to attack those of another, some kind of organization or 
banding together for common defense was essential. At this 
stage in the growth of the human race organization was nec¬ 
essary also to maintain, and protect in a crude way it was true, 
the rights of the individuals who composed the group or tribe, 
and to maintain some degree of order in these primitive com¬ 
munities. 

As the habitat of mankind became more populous the ne¬ 
cessity for a banding together of individuals for common de¬ 
fense against outside foes and for defending the individual 
against individual or group aggression became more urgent. 


9 


10 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Also, man in his natural development began to discover that 
certain conveniences as well as protection could best be ob¬ 
tained and maintained by concerted action, or by the group 
powers rather than by individual efforts. One author has il¬ 
lustrated the origin of government by supposing an individual 
shipwrecked on a lonely island, and his freedom of action 
while thus alone; then the coming of other persons to the 
island and how conditions would at once be changed. We see 
that government among men originated from the necessity of 
defending themselves against outside foes and protecting their 
persons and possessions from individual aggression, and pre¬ 
serving order in their group. It has gradually grown from 
this origin to where now its purposes are many and complex 
in their nature. But throughout the whole fabric of our gov¬ 
ernmental systems as they exist today, run the main motives 
of common defense, preserving order, and protecting the 
individual in his rights; with the secondary ideas, yet now 
much emphasized, of adding to the comforts and conveniences 
of man and to his physical, mental, moral and ethical develop¬ 
ment. 

The Prime Purpose of All Governments Among Men. 

—The main purpose or object of civil government may be set 
forth in three short phrases which the student can easily mem¬ 
orize. They are as follows: The common defense, justice 
between man and man, and the common welfare. On these 
rests the whole frame-work of modern governmental systems. 
The common defense is provided by the government because 
our highest civilization has not yet reached the point where 
any nation or people are sure of not being the object of attack 
by some other nation. Though we have progressed so far that 
such a condition is being hoped for, even anticipated; a condi¬ 
tion to be attained by a banding together in a league or society 
for that purpose of all the principal nations of the world; yet 


ORIGIN AND PURPOSE OF GOVERNMENT 


11 


its actual accomplishment may be far in the future. Justice 
between man and man must be established because men cannot 
agree among themselves as to their individual rights in all cir¬ 
cumstances and the weak would fall as a prey to the strong. 
Promoting the common welfare is a fundamental idea of gov¬ 
ernment, for the nation, government or group is after all only 
the individuals composing it, and it will be only as strong in 
the aggregate as the combined strength of its individual mem¬ 
bers; it will be only as strong financially as the combined in¬ 
dividual wealth in the group. Reason readily shows us that 
since the government of any nation is for all the people of that 
nation or country, the welfare of each citizen is in some meas¬ 
ure a concern of all. 

The members of society come in such close touch that the 
individual safety, health and prosperity merges to a great de¬ 
gree into the common safety, the public health and the pros¬ 
perity of the whole people. 

A statesman of not many years ago expressed in words 
full of meaning the modern idea of government and its func¬ 
tions when he gave utterance to the phrases, now quite famil¬ 
iar : “A government of the people, by the people and for the 
people.” 

Wherever and whenever human beings live in groups their 
actions or conduct one toward another become a matter affect¬ 
ing their peace, happiness and prosperity. It is therefore es¬ 
sential that some rule of action governing their conduct one 
toward another, the individual toward the group and the 
group toward the individual, should be adopted. Such rules 
of conduct must have sanction and must be enforcible that in¬ 
dividuals may be protected in their persons and their property; 
and that their rights—in the language of the Declaration of 
Independence—“to life, liberty and the pursuit of happiness” 


12 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


may be fully maintained. For this purpose governments such 
as ours are instituted. 

The Development of Government.—The study of the 
development of governmental ideas is indeed an interesting 
one. Just as civilizations in ages past have reached high states 
of development and culture so has governmental forms and 
ideas, for after all the government of a nation is only a reflec¬ 
tion of the civilization which the people of that nation have 
up to that time worked out for themselves. The development 
of government has not been one steady growth along one set 
channel or plan. Just as civilizations of the past have reached 
a high state of development, flourished for a time and then 
passed, so also have governmental systems existed, withstood 
for a time, in many cases worked wonderfully well and then 
have vanished leaving only their history and traditions to in¬ 
fluence the nations of the present time. 

So far as we can learn from history the types of the gov¬ 
ernmental systems of the past varied greatly. From Biblical 
history we learn of a number of types that existed. The gov¬ 
ernments of Egypt, ancient Greece, the Roman Empire and 
those existing in past ages in eastern Asia of which we only 
get historical glimpses, all differed in their forms, in their es¬ 
sential elements and purposes. We shall not attempt in this 
volume to delve deeply into those questions but they are men¬ 
tioned that we may have in mind in these introductory chap¬ 
ters that experiments in governmental systems have been go¬ 
ing on throughout all recorded history and future generations 
may develop entirely different ideas of government from those 
we have today. 


ORIGIN AND PURPOSE OF GOVERNMENT 


13 


Questions on Chapter One 

1. What were the problems which confronted man in his primitive 
state? 

2. What governed his conduct then? 

3. Name one of the characteristics of mankind with reference to his 
fellows. Do lower animals also have this natural tendency? 

4. Why was organization probably first found to be necessary? Did 
organisation become more needful or less so as population increased? 

5. Suppose a man shipwrecked and finding himself alone on an 
island, what problems would confront him? 

6. Suppose later he is joined by others; what changes would this 
develop in his conduct? 

7. What may be said to be the main three purposes of government? 
Name two secondary ideas. 

8. Discuss the reasons why the three prime purposes of government 
mentioned are important. 

9. Do you think the time near at hand when one nation or people 
will no longer make war upon another? Why? 

10. «What three individual rights did the Declaration of Independence 
emphasize? 

11. Discuss the development of governmental ideas in the past. 

12. What can you say of the forms or types of government that were 
in use in ancient civilizations? 

Question for Debate 

Resolved; That the League of Nations (as proposed in the treaty of 
Versailles) was the best plan yet advanced for world peace. 


14 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER II 
Forms of Government 

The Patriarchal Form.—One of the earliest forms of 
government of which we have a record was the patriarchal or 
family. So far as we know this form was not extensive nor is 
it notable because of the numbers of peoples who lived under 
it. But it is of interest to show the origin of our governmental 
ideas and because some of its essentials exist in our moral 
codes today and is reflected in parts of our laws touching our 
domestic relations. 

It rested on the reverence of the children for the father and 
the patriarch or head of the family exercised his government 
not only over his own sons but over their families and over all 
his direct descendants so long as he lived. An example of this 
form is given in the Bible in the records of Abraham, Isaac 
and Jacob. One author* in discussing this early form of gov¬ 
ernment says: ‘‘The governing authority was exercised, 
therefore, by the oldest living male from whom all the other 
members of the family were descended. When he died, his 
descendants would divide into as many families as he had 
sons.” So long as the families dwelt together after the death 
of the father the eldest son, by right of birth, exercised control 
over the group. 

The Tribal Form.—Government by clans or tribes was 
an easy transition from the patriarchal, as large families and 
family groups—related by blood kinship—naturally collected 
together or near each other. Where the occupation was chiefly 
pastoral the tribes were more or less nomadic, moving about 
from place to place according to where the best pasturages for 
their herds and flocks were found. 


Trof. Walter Denton Smith in his work on Elementary Law. 



FORMS OF GOVERNMENT 


15 


Feudalism.—Feudalism, to be exact, was not a form 
of government but contained many of the essentials, and it is 
mentioned here because of its influence on many English and 
American laws. It flourished in the middle ages and existed 
mainly in Central Europe. Under it all the lands were owned 
by the King, he claiming by right of conquest. The main 
characteristic feature of feudalism was the fief or a piece 
of land held, rent free, by the tenant; but in exchange for 
the usage of the land and the protection given him by his 
over-lord the tenant was to render some service when called 
upon. Sometimes this service was fighting in the wars 
that were almost constantly being waged. As the fight¬ 
ing was done principally by knights this service was called 
“knight service.” Feudalism was a system in which ex¬ 
isted a number of grades or ranks. A section of the country 
might be ruled by a baron under whom were many knights 
and other tenants, and this baron with a number of others 
would owe allegiance to and be vassals of some higher over- 
lord, duke, prince or king. Some authors do not mention 
feudalism as a system of government, but treat it merely as a 
system of holding or owning lands. But it was a system which 
in its own peculiar way provided the framework for the ex¬ 
ercise of the powers of government. It was introduced into 
England by the Norman Conquest and became so firmly rooted 
that it existed there for many years. Some of its character¬ 
istics are reflected even until this present time in parts of our 
“common law.” 

The Monarchy.—Monarchies are divided into absolute 
and limited according to whether the reigning monarch or sov¬ 
ereign has unlimited or limited powers. The absolute or un¬ 
limited monarchy is sometimes called a despotism, as the ruler 
has despotic power. Constitutional monarchies are those in 
which there has been a limitation of the sovereign’s powers by 


16 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


granting to the people a constitution, either written or unwrit¬ 
ten, by which they have some measure of participation in ad¬ 
ministering the government. As a form of government mon¬ 
archies have existed in Europe and Asia for centuries but there 
has been a gradual changing from the absolute to the limited 
form. 

The history of government in those countries has witnessed 
some notable uprisings and struggles of the people to wrest 
from the tyrants redress of their wrongs, for it is quite evi¬ 
dent that unlimited governmental powers in the hands of one 
person would oft times be used for selfish aggrandizement, the 
satisfaction of whims of his own or of his favorites and the 
cruel punishment of offenders, all tending to the oppression of 
the people. Standing out as landmarks of this kind are Runny- 
mede (where in 1215 the English people forced King John to 
grant them certain privileges and concessions called Magna 
Charta), the French Revolntion^ and the American Revolu¬ 
tion. Other evidences of changes in more recent years are the 
revolution of the people of Russia, overthrowing an absolute 
monarchy and establishing or attempting to establish a govern¬ 
ment by the people, the change in China from monarchy to re¬ 
public and the “Young Turk” uprising in Turkey. 

Among the civilized nations of the world absolute or un¬ 
limited monarchies are passing out of existence and the trend 
of government in those countries still styled monarchies is to¬ 
ward constitutional monarchies in which the people enjoy 
great liberty and freedom, or to republics in which the govern¬ 
mental authority is vested inherently in the people. 

The monarchies of the world are mostly hereditary, that is, 
the monarch or king being succeeded by his own son (or 
daughter, in some instances, if he has no son). Some mon- 
archs claim they rule by Divine right and are responsible only 
to God. This idea was accepted in times past without ques- 


FORMS OF GOVERNMENT 


17 


tion by the people but in these modern times they are not will¬ 
ing to believe that the conduct of kings is, any more than 
others, sanctioned by the Ruler of the Universe. 

Before passing from the subject of monarchies another 
form of government should be mentioned and that is the 
Aristocracy, “a rule of the best.” This form has existed in 
different countries at various times and was one in which the 
governmental authority was vested in a ruling class, limited 
in number, known as the Aristocrats. It does not exist today 
as a separate form of government but it is reflected in most of 
the monarchies of the world. 

Republics and Democracies.—A pure democracy would 
be a government administered by the people themselves, where 
all the citizens took direct part in making the laws; but mani¬ 
festly such would be impractical where any considerable num¬ 
ber of citizens form the groups or State. A democracy, as the 
term is generally used, means a government in which the power 
lies inherent in the people, and in which the general plan of 
government is established by them. The power to provide the 
details and work out the laws to be enforced is delegated to 
representatives of the people as a practical matter of con¬ 
venience. Such a democracy is called a republic. 

Most of the countries in the Western Hemisphere are re¬ 
publics. Canada, which is a part of the British Empire, is the 
most notable exception and the people of Canada enjoy almost 
as much liberty in the exercise of governmental affairs as do 
the people of the United States. The representative democracy 
or republic is essentially the modern idea in government, 
though democracy is no new experiment. As early as 500 
B. C. it was manifesting itself in governmental ideas by the 
acceptance in Athens of the laws and reforms advanced by 
Solon and also by the effort of the Romans when they banished 
their kings; and the common people, after considerable strug- 


2 


18 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


gles and contests with the aristocratic forces, gained privileges 
and rights to a marked degree. For some time following this 
a portion of the populace, the Gives Romani or Roman citizens 
enjoyed rights and privileges equal to those in the most mod¬ 
ern states. 

In concluding this chapter on the forms of government it 
is considered advisable to call to the attention of the student 
that not in every instance do we find the name or nominal 
form corresponding to the actual experience of the people in 
their progress in government. For example we have only to 
cite the case of England and Mexico. The English people, 
though living under a monarchial form of government, enjoy 
greater privileges and more directly influence affairs of state 
than do the people of some of the republics in the Western 
Hemisphere. 

Questions on Chapter Two 

1. Name five forms of government that have or do now exist. 

2. What were the characteristics of the Patriarchical form? 

3. Do yon think its general idea was good or bad? 

4. What was the main characteristic of Feudalism? 

5. Did the people own the lands they cultivated? 

6. Into what two general classes are monarchies divided? 

7. Which one of these now practically no longer exists? 

8. In the changes from despotic forms of government what three 
great landmarks of history do we note? 

9. What is meant by an hereditary monarchy? An aristocracy? 
Divine right of Kings? 

10. What would be a pure democracy? Is a pure democracy practi¬ 
cable? Why? 

11. What form of government have most of the countries of North 
America and South America? Give a notable exception. 

12. Who was Solon? Where and when did he live? 

13. Do governments sometime differ more in name than in sub¬ 
stance? Give an example. 



FORMS OF GOVERNMENT 


19 


For Research and Discussion 

Find out what peculiar privileges or rights were held by a Roman 
citizen about the beginning of the Christian era. 

Discuss the government of the Israelites under the leadership of 
Moses, bringing out its main characteristic as to form, its effectiveness, 
and in what way after passing to the leadership of Joshua did it function 
in some respects similar to modern governments. 


20 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER III 

The United States: A Republic Formed by a Union 
OF States 

How the Union was Formed. —A brief review of the 
formation of the Union between the original American Cob 
onies, giving the main causes, the dominant idea of govern¬ 
ment existing in these colonies, and the difficulties met by them 
in sufficiently harmonizing their variances in the final consum¬ 
mation of the compact, will aid the student of government to 
get a more comprehensive viewpoint in the study of the gov¬ 
ernment of the United States as a national entity, and the gov¬ 
ernment of any of the several states as a sovereign common¬ 
wealth. It will also cause the student more readily to appre¬ 
ciate the extent to which the National Government functions 
and the scope in which the powers of the state are sovereign. 

It is assumed that the student is already familiar with the 
history of the settlements of the thirteen original colonies. It 
will be recalled that there were marked differences in opinion 
as to matters of religion, customs and laws as held in some of 
the New England colonies and in some of those further south. 
The Puritan of Massachusetts and the Cavalier of Virginia 
and Maryland had each left his impress on the public opinion 
of his section. 

Had it not been for that elemental cause, providing for the 
common defense, which had been thrust upon them by Indian 
depredations and the Revolutionary war, these colonies prob¬ 
ably would not have formed their compact and launched the 
new nation as a united federal republic until many years later. 

The First Attempt at a Centralized Government. —The 
first step in forming a Union or a confederation of the col¬ 
onies, after their independence was won, was the Articles of 


THE UNITED STATES 


21 


Confederation; but this plan failed from its own weakness. It 
provided a theory and plan of national government without 
providing for the necessary power to enforce it. However, 
considered as a first effort at establishing a centralized repub¬ 
lican form of government with specific powers and means to 
enforce its mandates the Articles of Confederation, after all, 
was a document of which its framers might feel proud, for 
it must be remembered that though the people of England were 
even at that time enjoying a considerable measure of constitu¬ 
tional liberties, yet England did not have and has never had a 
written constitution. So when the American colonies through 
their leading statesmen and their representatives in the Conti¬ 
nental Congress undertook to formulate some sort of a writ¬ 
ten constitution they had but little in the way of precedent to 
follow, except such documents as colonial charters and state 
constitutions framed for the most part after the independence 
of the colonies.* 

But the statesmen of that day saw the main defects in the 
Articles of Confederation and set about framing an instrument 
which when put into effect, would confer upon the central gov¬ 
ernment the powers essential to its own existence and provid¬ 
ing means for raising revenue and enforcing its laws when 
they should be enacted. 

The Constitution of the United States.—The result 
was, our National Constitution was framed in 1787 and in the 
convention which prepared it were the leading statesmen of 
the time. A prominent figure in the convention and one whose 
wisdom, philosophy and broad experience was of great value 
to the work in hand, was Benjamin Franklin. George Wash¬ 
ington was also a member and was the presiding officer of the 


*It must not be understood however, that the members of the Continental Con¬ 
gress had no guides or aids. They studied a number of available books on the his¬ 
tory and government of nations. 



22 


GRAY’S CIVIL GOVERNVtENT OF FLORIDA 


convention. A problem in the convention was agreeing on a 
basis of representation, or just how many representatives each 
of the thirteen colonies should have in the law making part of 
the new government. The delegates from small states ob¬ 
jected to a representation based wholly on population and the 
larger states advocated the idea that the new government was 
to be one of the people and not of the states, and that each 
state should be represented by a number of representatives in 
accordance with the population of the state. The Constitution, 
as will be seen, was a compromise between these two conten¬ 
tions. The national House of Representatives is based upon 
population and the representation in the Senate is by States. 
There were other differences of opinion which had to be com¬ 
promised but the above covers the most important one and it 
is still in evidence in the present form of the National Consti¬ 
tution. 

While the entity and integrity of the new national govern¬ 
ment was provided for, and direct participation by the people 
established, in that representatives to the more numerous 
branch of Congress should be elected directly by the people, 
yet there was a preservation of state sovereignty in all func¬ 
tions not expressly delegated to the Federal Government. So 
we find the United States, as the name so clearly implies, a 
union of states forming a Federal Republic. The American 
people believe our government is the most advanced and best 
developed form of government yet devised by man, and under 
its beneficent provisions the people enjoy the greatest possible 
measure of liberty, protection of life and property and oppor¬ 
tunity for happiness, peace and prosperity. The Constitution 
became effective when ratified by the requisite number of 
states (9) in June 1788, but it was not until April 30, 1789, 
that all preliminary measures were completed, the first presi- 


THE UNITED STATES 


23 


dent inaugurated and the new government set in actual op¬ 
eration. 

Few Changes. — The Constitution itself has been 
amended in but few particulars. The great development in our 
transportation facilities and the wonderful growth of the coun¬ 
try has served to unify the nation as it expanded, and there is 
a national spirit as well as the construction by the courts of the 
Constitution and laws which tend to cement the people into a 
national whole. Then, too, the right of a state to secede from 
the Union has been denied and tested out in the arbitrament 
of war, so that the question has been forever settled that the 
Union is an indissoluble one. 

There are certain state rights, however, which have never 
been denied the states and with these matters the state deals as 
a sovereign and its decisions are final. Some of these will 
be discussed in the succeeding chapters in this volume. 

Questions on Chapter Three 

1. How many American Colonies united in forming the United 
States of America? Name these colonies. Were there many differences 
among them in customs, laws and religious beliefs? 

2. What prime need brought the colonies together at first? 

3. What was the first agreement for a united government called? 
Why did it fail? 

4. Name two prominent members of the Constitutional Convention. 

5. What was one of the first problems faced in framing the Con¬ 
stitution? 

6. Which of the two conflicting ideas was favored by the smaller 
states? 

7. What was the compromise agreed upon? 

8. How many states were required to ratify the Constitution before 
it was to go into effect? When did this occur? When did the new gov¬ 
ernment actually begin to operate? 

9. What has aided in unifying our nation notwithstanding its rapid 
expansion over a large area? 


24 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


10. Can the United States be dissolved? Have the individual states 
any sovereign rights or powers? 

For Discussion by Class 

Can any evidences be pointed out that the Constitution of the United 
States has proven a successful framework for our government? 

For Research 

Find out who suggested that the sessions of the Constitutional Con¬ 
vention be opened with prayer. He was the same member who in the 
closing hours pointed to a carved representation of the sun on the chair 
of the president and remarked: “Who can foretell whether that is sig¬ 
nificant of the rising or the setting sun of American Liberty?” 


FEDERAL JURISDICTION AND STATES RIGHTS 


25 


CHAPTER IV 

Federal Jurisdiction and States Rights 

Powers Granted the Federal Government.—Certain 
specific powers were granted to the Federal Government under 
the Constitution, and the courts have from time to time so 
construed the Constitution as to imply the granting of other 
powers necessary to carry out the functions of a central or 
federal government. Some of its specific powers are: 

To levy and collect taxes, duties, imposts and excises; but 
the same must be uniform throughout the United States. 

To borrow money on the credit of the United States. 

To regulate foreign commerce and intersi^it commerce. 

To regulate the naturalization laws. 

To coin money and fix standards of weights and measures. 

To establish postoffices and post roads. 

To declare war, raise and support armies and provide and 
maintain a navy. 

To make treaties with other nations. 

Some powers expressly denied to the Federal Government 
are: 

The passage of any hill of attainder^ or ex post facto^ 
law. 

The suspension of the writ of habeas corpus^ (except 
in times of invasion or rebellion when the public safety may 
demand it). 

The levy of any tax or duty on articles exported from any 
state. 


*A hill of attainder would be a law which would permit the penalties of con¬ 
viction for crime to apply to the posterity of the criminal or effect their right of 
inheritance. 

*An ex post facto law would be one which would make an act a crime after 
the act had been committed. 

•The writ of habeas corpus is used to give a person an immediate or speedy 
hearing as to the causes of his imprisonment, or to see if he is legally held. 



26 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


The granting of any title of nobility. 

Some powers expressly denied to the states are: 

The making of any treaty or alliance with any foreign 
state; coining money, emitting bills of credit or passing any 
bill of attainder, ex post facto law or law impairing the obliga¬ 
tion of contracts or granting any title of nobility. 

It will be seen that some of the powers denied the states 
were also denied the Federal Government while others ex¬ 
pressly denied the states were expressly granted the Federal 
Government. 

The Rights of the States.—The States’ rights are su¬ 
preme in all matters within their own borders over which the 
Federal Government has not jurisdiction, or which has not 
been expressly denied the states. For example, the Federal 
Government was granted the power to regulate interstate com¬ 
merce, that is commerce between one state and another, but 
intrastate commerce, or commerce wholly within the state’s 
borders, is under the state’s jurisdiction and Congress has no 
powers over it. 

It is contended by some writers on civil government that 
the states have no sovereign powers because the people of the 
United States could, by amending the United States Constitu¬ 
tion, force any kind of law on any of the states. This inter¬ 
pretation of the spirit of our government is also adhered to by 
some of our statesmen who favor a strong centralized govern¬ 
ment ; but other statesmen, particularly Democratic lead¬ 
ers, hold to the view that the states’ rights are sovereign in all 
matters not expressly denied to them or expressly granted the 
Federal Government by the provisions of the Constitution of 
the United States, to which of course all the states of the 
Union have assented. There is a fine field for study and re¬ 
search on this particular question for the student of civil gov¬ 
ernment. 


FEDERAL JURISDICTION AND STATES RIGHTS 


27 


Some of the states have developed problems which they 
very strongly desired to settle entirely alone and without any 
interference from the Federal Government. Such was the 
case with the Southern States on the question of slavery prior 
to the Civil war. Such is the case with California in her 
troubles with the Japanese who have settled within her borders 
in considerable numbers. 

The Sovereignty of the States.—The development in 
our own American government demonstrates, of course, that 
in the powers reserved to the states and in the exercise of 
which we like to speak of the state as sovereign, that the state 
is a sovereign in those particulars until some portion of those 
powers are taken away. This seems contradictory on first 
thought for we may say how can a state be sovereign and yet 
have part of its power taken from it? The answer is that our 
Federal Constitution, though much stronger than the Articles 
of Confederation, was realized to have possible weaknesses 
and should be subject to amendment. So in framing the Con¬ 
stitution the representatives of the original colonies provided 
a plan for changes to be made. These changes could include 
the granting of further powers to the Federal Government at 
the expense of curtailing the powers of the states; but it also 
must be kept in mind that through the same methods of amend¬ 
ment provided the Constitution might be so changed as to cur¬ 
tail the powers of the Federal Government and increase the 
powers of the states. Though no such amendment has been 
adopted yet it is entirely possible—by the regular means pro¬ 
vided in the Constitution itself—for an amendment to be pro¬ 
posed, submitted and adopted which would strip the Federal 
Government of practically all of its powers and reconvey those 
powers to the states. Therefore the argument that a state is 
not a sovereign in any sense because any of its powers may 
be taken from it and given over to the Federal Government, 


28 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


may well be answered that by the same token the Federal Gov¬ 
ernment is in no wise sovereign for any of its powers may be 
taken from it when three-fourths of the states determine to 
do so. 

A sensible viewpoint to take of the question of states^ 
rights and Federal Government powers, it would seem, would 
be as follows: First, the states formed a union or compact for 
reasons then existing; second, certain powers were surrendered 
to or delegated to the central government in order that it might 
carry out the purposes of the union or compact; third, the in¬ 
strument evidencing the compact or union (the Constitution) 
provided for changes to be made—by the states—which might 
increase or lessen the powers so granted; fourth, though the 
question of arbitrary withdrawal or secession from the union 
has been effectively denied, the original theory of a national 
government drawing its powers from grants of authority by 
the states remains unchanged. 

We must keep in mind, however, that while the theory of 
our governmental system has not changed, the development of 
our great country, the cementing of our people together by ties 
of commercial relations, rapid transit and rapid communica¬ 
tion, makes us now more a united people as a nation than were 
the people in any one of the colonies at the time the union was 
formed. 

Questions on Chapter Four 

1. Can you name five of the specific powers granted to the Federal 
Government by the Constitution? 

2. Name three powers expressly denied the Federal Government. 

3. Name one power expressly denied both Federal and State Gov¬ 
ernments. Name one power granted to the Federal Government and ex¬ 
pressly denied to the states. 

4. What would be an ex post facto law? A bill of attainder? 

5. What is the function or use of the writ of habeas corpus? 


FEDERAL JURISDICTION 'AND STATES RIGHTS 


29 


6. Why do some writers on civil government contend that the states 
have no real sovereign powers? 

7. A sovereign right or power is one exercised by a person or a 
state which has not been successfully disputed as a matter of right or 
taken from them by a superior force. With this definition as a guide can 
you name some power in which the states are sovereign? 

8. Which of the two larger political parties appear to favor em¬ 
phasizing State’s rights? 

9. Can you give any reasons why the national government should be 
more strongly centralized during war than in times of peace? 

10. Was the original Constitution of the United States finally rati¬ 
fied and agreed to by all of the thirteen original colonies? Were the 
amendments added since approved by all the existing states before be¬ 
coming a part of the Constitution? 

11. Can you analyze the construction of the Constitution of the 
United States briefly as to the grant of powers and how these may be in¬ 
creased or withdrawn? 

For Research and Discussion 

Find out the leading Statesman who favored a strong central gov¬ 
ernment and one who was an ardent advocate of States’ rights about the 
close of the eighteenth century. 


30 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER V 

The Government of Florida 

Influence of Early Settlers.—Florida’s early settle¬ 
ments were Spanish and the territory was owned by Spain 
when purchased by the United States in 1819, some years after 
the establishment of the United States Government. Though 
the Spanish settlements left their impress in some few parts of 
the State and Spanish types and customs are still reflected to 
some extent in these communities, yet it is remarkable how any 
evidence of governmental influence of these Spanish settle¬ 
ments seem to be almost entirely missing from the present con¬ 
stitutional and legislative enactments of Florida. The influ¬ 
ence of the English speaking settlers, who early came to Flor¬ 
ida from the other states with their English customs and tra¬ 
ditions and new American ideas, were the dominant influences 
in shaping the government of Florida even from before the 
time it became a state in 1845. 

The Constitution of Florida.—The present Constitu¬ 
tion of Florida was adopted August 3, 1885, by a Constitu¬ 
tional Convention which assembled in Tallahassee, the capital. 
It was ratified by the people at the general election held in No¬ 
vember, 1886, and went into effect January i, 1887. It is re¬ 
ferred to as the Constitution of 1885. 

Like nearly all written constitutions ours has a preamble 
setting forth the salient reasons for its adoption. It is similar 
in form to the preamble of the United States Constitution, but 
it will be noted that the phrase “provide for the common de¬ 
fense” is not included, this function being one assumed by the 
Federal Government. The phrase “grateful to Almighty God 
for our constitutional liberty,” appearing in the State Con- 


THE GOVERNMENT OF FLORIDA 


31 


stitution’s preamble is a feature which does not appear in the 
United States Constitution. 

Also, like most written constitutions it is prefaced with a 
"‘Bill of Rights” or a declaration of certain inalienable rights 
of the people within its jurisdiction. These rights are in part 
broad declarations of principles such as the opening sentence: 
“All men are equal before the law—and “All political power 
is inherent in the people.” Some are specific enumerations of 
privileges as “The right of trial by jury shall be secured to all, 
and remain inviolate forever.” Other provisions of this dec¬ 
laration take the form of express denials of powers to the gov¬ 
ernment. 

Standing out prominently in this Bill of Rights are the 
provisions referring to religious liberty, separation of church 
and state, preserving the writ of habeas corpus, preventing un¬ 
usual punishments, trial by jury, freedom of speech and of the 
press, preventing any bill of attainder or ex post facto law or 
law impairing the obligation of contracts, and the subordina¬ 
tion of the military to the civil power. 

The Declaration of Rights.—The Declaration of Rights 
is such an important part of our Constitution that it is wise 
for us to pause to examine somewhat in detail some of its pro¬ 
visions. The first great principle it enunciates is that “all men 
are equal before the law.” This means that the protection of 
government is to be enjoyed equally by all and neither wealth, 
position nor distinctions of any kind entitle a person to more 
or less of the protection of his government or rights of enjoy¬ 
ments under it. It was no doubt this principle of government 
which the author of the Declaration of Independence had in 

mind -when he wrote into that immortal document “-all 

men are created equal.” In some countries one person may by 
right of birth be entitled to distinction or privileges in the 
government not enjoyed by others. It is not so in ours. 



32 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Inalienable rights are those which cannot be taken away 
from us. Among those enumerated are defending life and 
liberty and acquiring, possessing and protecting property. We 
may defend our lives to any necessary extent, provided we take 
reasonable precaution to avoid the danger and avert the neces¬ 
sity. We may defend our liberty with reasonable force or in¬ 
voke the aid of the law to gain it. Of course the right to life 
or liberty may be forfeited by the commission of crime. The 
same may be said of the right of property. 

All Political Power Is Inherent in the People.—This 
principle in the bill of rights means that the powers of govern¬ 
ment are vested in the citizens. They may alter their govern¬ 
ment whenever they desire. There are orderly processes pro¬ 
vided for making changes and for ascertaining and recording 
the will of the people. 

The Right of Trial by Jury.—This is a right which is 
guaranteed to all but it does not mean that a jury trial can be 
demanded for every minor question which might be necessary 
to determine by some agency of the government. Violations of 
city or town ordinances are usually tried by the mayor or city 
judge, without the aid of a jury. The cases in which a trial 
by jury might be had at the time our Constitution was written 
is the class of cases in which this right was guaranteed and 
made inviolate by the Constitution. 

The courts are open to all, and for every injury done to 
one’s person, lands, goods or reputation he shall have remedy, 
by due course of law. 

Religious Freedom.—The Constitution grants free ex¬ 
ercise of religious worship. One may have whatever religious 
belief he may choose, so far as the government is concerned, 
but this does not permit immoral or licentious conduct under 
the guise of religious belief. For example, a man might claim 


THE GOVERNMENT OF FLORIDA 


33 


his religion included polygamy, or having more than one wife, 
but our laws would not permit him to exercise that portion of 
his creed. While the greatest religious freedom is permitted 
and great respect for the churches and religion is everywhere 
evidenced in our laws, the government must be absolutely im¬ 
partial between churches or creeds. So the government is pro¬ 
hibited from giving preference or money to any church, sect 
or religious denomination or institution. 

The Writ of Habeas Corpus.—This is one of our most 
valuable rights for without it a person might be thrown in jail 
and kept there indefinitely on frivolous or trumped up charges. 
In simple language this right is to “have the body” of the per¬ 
son imprisoned brought, without delay, before a proper court 
to determine if he is held without probable cause. Excessive 
bail is prohibited, otherwise the right of habeas corpus might 
be made of no effect. There are some crimes for which a per¬ 
son on trial is not entitled to bail. These are crimes of which 
a person found guilty might be punished by death. 

Rights of the Accused.—When on trial for crime the 
accused has the rights guaranteed to him of a public trial, an 
impartial jury, to be fully informed of the charge against him, 
to be heard by counsel, and to meet the witnesses face to face. 

He can not be tried twice for the same offense. This is to 
prevent a person being harassed by again and again facing the 
same charges. We frequently hear of a person convicted 
having a “new trial,” but this is when some mistake has been 
made, and the first trial is for a reason set aside as though it 
had never occurred. No man can be forced to testify against 
himself in a criminal trial. 

Freedom of Speech.—Freedom of speech, spoken or 
written is one of the liberties specifically guaranteed to us. 
We may freely speak and write our views or sentiments on all 


3 


34 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


subjects but this is a right which-Ynust^not be abused. We 
must not in exercising the right do injury;.to others. 

We are also given immunity from imprisonment for debt. 

Ex Post Facto Laws and Bill of Attainder—The bill 
of rights expressly forbids the passing of any ex post facto 
law. This would be a law making an act a crime after the act 
was committed. No law the violation of which would be pun¬ 
ishable or which would effect the vested rights of individuals 
can be made retroactive in its effect. Neither can any bill of 
attainder be passed. Such a law would be one that would 
transmit the punishment for crime to the decendents of the 
criminal, for example abridging the rights of the children to 
inherit. 

No law can be passed to impair the obligation of a contract. 
The right to contract and have contracts sacredly kept and 
faithfully observed is one of ancient origin, and the govern¬ 
ment may not intervene by any law to relieve a person from 
performing his contract. It must not be understood, however, 
that persons may contract with each other to do anything they 
please and be protected in the doing of the thing merely because 
they considered it a contract. A person could not enter into a 
valid contract to commit a crime or to do that which public 
policy would prohibit. 

Boundaries and Divisions.—The boundaries of the 
State as outlined in the Constitution are as follows: From 
the mouth of the Perdido river up the middle of the river to 
where it intersects the Alabama boundary and the thirty-first 
degree of north latitude; thence east to the Chattahoochee 
river; thence down the middle of said river to its confluence 
with the Flint river, thence straight to the head of the St. 
Mary’s river; thence down the middle of said river to the At¬ 
lantic ocean; thence southeastwardly along the coast to the 


THE GOVERNMENT OF FLORIDA 


35 


edge of the Gulf stream; thence southwestwardly along the 
edge of the Gulf stream and Florida reefs to and including the 
Tortugas Islands; thence northeastwardly to a point three 
leagues from the mainland; thence northwestwardly three 
leagues from the land to a point west of the mouth of the Per¬ 
dido river; thence to the place of beginning. 

The boundary lines between the State and the States of 
Georgia and Alabama are established by markers, of fairly per¬ 
manent character, and are easily determined by citizens who 
own the lands along the border lines. The river borders are, 
too, easily determined as it is simply the middle of the streams. 

The borders on the Atlantic and Gulf are not quite so def¬ 
inite but since the conduct of men on the “high seas” is regu¬ 
lated by maritime laws and comes generally under the juris¬ 
diction of the Federal Government, there are but few questions 
that ever arise as to just how far out from land the State’s 
jurisdiction extends. 

The political divisions of the State are the counties. At the 
time the Constitution of 1885 was adopted there were forty- 
one counties but the Constitution provided for the creation of 
new counties by the Legislature and twenty new ones have 
been created, making sixty-one at this time (1921). New ones 
may be created at any session of the Legislature. 

Questidns on Chapter Five 

1. What people were the early settlers of Florida? When did the 
United States acquire Florida? Does our present State Constitution and 
laws seem to reflect much of the laws and customs of our early settlers? 
When did Florida become a State? 

2. When was our present Constitution adopted? When ratified? 
When did it go into effect? 

3. What is the “preamble” to the Constitution? What difference do 
you note in the preamble to the United States Constitution and that of 
Florida? 


36 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


4. Does the Florida Constitution contain a “Declaration of Rights?” 
Name two broad general principles it enunciates. 

5. Name some of the rights specifically enumerated. 

6. What do you understand by the declaration that “all men are 
equal before the law?” 

7. What is meant by the statement that all political power is inherent 
in the people? 

8. Can you mention some good reasons for trials by juries? Sup¬ 
pose a man is arrested for driving a car faster than the city ordinance 
permits, can he demand a trial by a jury? 

9. Discuss the rights of religious freedom as guaranteed in the Con¬ 
stitution. Could the Legislature appropriate money to keep up a church 
school or denominational college? 

10. What is the purpose of a writ of habeas corpus? Do you think 
this right a valuable one? Why is excessive bail prohibited? What 
crimes are not bailable? Can you give a good reason for these excep¬ 
tions? 

11. Name some particular rights of a person on trial charged with a 
crime? 

12. What limitation is there on our right to freedom of speech? 

13. Can you have a person arrested and sent to prison merely be¬ 
cause he owes you a debt? 

14. What is an ex post facto law? A bill of attainder? 

15. Should a person carry out a contract he has made although he 
finds he will lose money? Could the Legislature pass a law to release a 
man from a contract with another person? Could two persons make a 
legal contract to commit robbery? 

16. Give the boundaries of Florida. 

17. What are the political subdivisions called and how many are 
there? 


THE THREE DIVISIONS OF THE GOVERNMENT 


37 


CHAPTER VI 

The Three Divisions of the Government 

The Constitution as a General Plan or Pattern.—A 
constitution is the general plan of government and provides for 
the enactment of laws to make the plan operative and to put 
its principles in force and effect. There must be a body for 
making the laws and such is known as the Legislature. Then 
the laws must be enforced and applied: This is the function 
of the Executive or Administrative Department. And when 
questions arise as to what is the law and how it shall be inter¬ 
preted a third department of government, known as the Judi¬ 
cial Department performs that function. So we have the three 
distinct departments: The Legislative or law-making, the Ex¬ 
ecutive or law-enforcing and the Judicial or law-interpreting. 

This theory of a division of powers of government was the 
result of the experiences of our forefathers through centuries 
of oppression by kings or governing agencies. These experi¬ 
ences clearly pointed out the danger of concentrated govern¬ 
mental powers; to avoid this danger a system based upon a 
division of powers between co-ordinate branches was worked 
out. 

We shall proceed to the study of these three departments 
of the government, taking them in their logical order, first the 
Legislative, second the Executive or administrative and third 
the Judicial. 

The Three Divisions of Government.—The govern¬ 
mental powers we see then, are divided into three distinct and 
co-ordinate branches, each branch having its own peculiar 
function. These branches, with their main sub-divisions are 
given in the following outline: 


38 


GRAY’S CIVIL GOVERNMENT OE FLORIDA 


(i) LEGISLATIVE 


j Senate 

I House of Representatives 


(2) EXECUTIVE 


' Governor 
Secretary of State 
Attorney General 
j Comptroller 
'* Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 

And other administrative officers and boards 


r Supreme Court 
j Circuit Courts 

/ \ ttt'pvt/^tat j Criminal Courts 

(3) JUDICIAL ^ 

County Judges’ Courts 
L Justice Peace Courts 


The Legislature is the law-making branch. The Consti¬ 
tution is an instrument or document, the purpose of which is to 
give a general plan of government. It is the function of the 
Legislature to enact all needful laws to govern the affairs of 
the State and the conduct of those within its borders. These 
laws, however, if merely enacted would be impotent and use¬ 
less without some means of enforcing them and the most 
beneficent laws would be unfruitful without being adrriinis- 
tered. The function of law enforcement and administration 
belongs to the Executive Department. 

Often times there is a doubt or question raised as to just 
what the law means, or what is the proper interpretation of the 
law. This function is peculiar to the judiciary or the courts 
which form the Judicial Department of the government. 

The three branches are correlated but co-ordinate. That 
is, they are related and necessary each to the whole, but each is 
independent of the other as to inherent powers and duties. 

Our System of Checks and Balances.—The framers of 
the Constitution of the United States were quite evidently 
afraid of delegating too much power to some one official or 



THE THREE DIVISIONS OF THE GOVERNMENT 


39 


group of officers. The throwing off of tyrannical government 
was a fight too dearly won to make the mistake of setting up a 
new form of government which would permit those abuses 
again to creep in. So the question of how best to check one 
official or department from becoming too powerful, and the 
problem of properly balancing the departments so that one 
would check or offset the other in any effort to usurp powers 
not delegated to it, was given much thought by our early states¬ 
men. As our State Constitution reflects or copies the solutions 
adopted in the National Constitution and the early State Con¬ 
stitutions, what is said of them will likewise apply largely to 
our own. Jefferson, Madison, Locke and Paine were noted 
statesmen and students of government and their writings as¬ 
sist us in catching a glimpse of the problem as it presented it¬ 
self to those and other statesmen of their day, a time which 
might be referred to as the period in which our plan of a con¬ 
stitutional republican form of government was undergoing its 
most severe trials. In drafting his model of a constitution for 
Virginia, Thomas Jefferson wrote in his comments on the ex¬ 
ecutive powers, “We give him those powers only, which are 
necessary to execute the laws (and administer the government) 
and which are not in their nature either legislative or judicial.” 
James Madison wrote in The Federalist: “The accumulation 
of all powers, legislative, executive and judiciary, in the same 
hands, whether of one, a few, or many, and whether hered¬ 
itary, self-appointed, or elective, may justly be pronounced the 
very definition of tyranny.” 

Early State Constitutions.—The first state constitu¬ 
tions adopted by the original colonies after gaining their inde¬ 
pendence do not all show a successful distribution of the powers 
or an effective protection of one department against the en¬ 
croachments of another. In Massachusetts the intention was 
very clearly expressed in their declaration of rights in these 


40 


GRAY’S CIVIL GOVERNMENT OE FLORIDA 


words: “In the government of this commonwealth the legisla¬ 
tive department shall never exercise the executive and judicial 
powers or either of them; the executive shall never exercise the 
legislative and judicial powers or either of them; the judicial 
shall never exercise the legislative and executive powers or 
either of them: to the end it may be a government of laws and 
not of men/’ New Hampshire, Massachusetts and New York 
effectively worked out the principle in their Constitutions. 

These Principles Now Effective.—In studying our own 
Constitution we find these checks and balances worked out in 
general as follows: The Legislature elected solely by the people 
—not even a vacancy can be filled by appointment—is granted 
sole powers to make the laws, limited only by the Constitution. 
The executive has no power to make laws but recommends to 
the Legislature the enactment of any laws he deems proper and 
can check to an extent the passage of laws he deems unwise. 
The Legislature, however, by a two-thirds vote of both houses 
may pass the legislation over the executive veto. The judicial 
can neither legislate nor enforce legislation, but interprets the 
law. It also defines that which is not in accordance with the 
Constitution. The Legislature, the executive, and the judi¬ 
ciary are independent one of the other in that each and all are 
elected by the people. Each department is a check against the 
other and exercises powers tending to prevent the others from 
the exercise of arbitrary or unconstitutional powers. 

The exercise of powers in either of the three branches of 
the State government must not conflict with limitations im¬ 
posed by the Constitution of the United States, which is the 
supreme law of the land. 


THE THREE DIVISIONS OF THE GOVERNMENT 


41 


Questions on Chapter Six 

1. What is a constitution and what does it provide? 

2. Give the name of the law-making body provided by the consti¬ 
tution. 

3. What is the function of the executive department? 

4. What part in the general plan of government does the judicial 
department perform? 

5. Name the three distinct and co-ordinate branches of the govern¬ 
ment. 

6. Of what is the legislative branch composed? 

7. Name the principal officers in the executive branch. Who is the 
chief executive? 

8. What is the highest court in the State called? Name five other 
classes of courts. 

9. What is meant by the three branches of government being cor¬ 
related but co-ordinate? 

10. Why were the framers of the United States Constitution careful 
to work out a system of checks and balances in the plan of government? 

11. What do you understand by our system of checks and balances? 

12. How was the principle expressed in the early Constitution of 
Massachusetts ? 

13. Suppose a vacancy occurred in the membership of the Legisla¬ 
ture could it be filled by appointment of the Governor? 

14. What part can the Governor take in legislative matters? 

15. What check on legislation does the judiciary exercise? 


42 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER VII 

The Legislative Department of the State 

The Legislature. —The law making body is called the 
Legislature and is composed of the Senate and the House of 
Representatives. When our present Constitution was adopted 
(1885) it provided that the Legislature should consist of 100 
members: 32 Senators and 68 Representatives, but it also pro¬ 
vided that every county should have at least one member of the 
House of Representatives; therefore, there has been one new 
member added to the number of Representatives each time a 
new county has been created. There having been sixteen new 
counties* created since any reapportionment, we now have 84 
members of the House of Representatives and 32 Senators, 
thus giving 116 members of the Legislature. 

A State Senator is elected to represent a Senatorial district 
and his term of office is four years. A Senatorial district may 
include only one county or several counties. Each county has 
at least one Representative and some counties have two. 

How the Senators and Representatives Are Chosen.— 
The Senators hold office for four years but one-half the Sen¬ 
ators are elected every two years so that in each regular session 
of the Senate at least one-half of its members have had previ¬ 
ous experience as Senators. 

The Representatives are elected for only two years. The 
Senators and Representatives are elected by the votes of the 
qualified electors at the general election held on Tuesday 
after the first Monday in November of even numbered years 
(1910-1912-1914, etc.) and the Legislature meets in regular 

*The new counties since any reapportionment and the dates they were created 
are: St. Lucie, 1905; Palm Beach, 1909; Pinellas, 1911; Bay, 1913; Seminole, 1913; 
Broward, 1915; Okaloosa, 1915; Okeechobee, 1917; Flagler, 1917; Hardee, 1921; High¬ 
lands, 1921; Charlotte, 1921; Glades, 1921; Dixie, 1921; Union, 1921 and Sarasota 
1921. 



THE LEGISLATIVE DEPARTMENT OF THE STATE 43 


session on Tuesday after the first Monday in April of odd 
numbered years (1911-1913-1915, etc.). If a vacancy should 
occur by reason of the death, resignation or removal of a Rep¬ 
resentative or Senator the vacancy is filled by a special election 
called to be held in the county or district in which the vacancy 
exists. 

Sessions of the Legislature.—A regular session is lim¬ 
ited to sixty days—Sundays included. Should the Governor 
deem it necessary, because of some emergency or extraor¬ 
dinary need for the same, he may call the Legislature in special 
session which may continue for only twenty days and no busi^ 
ness may then be transacted except pertaining to the purposes 
for which the special session was called unless two-thirds of 
the membership of both branches of the Legislature shall vote 
to take it up. 

Special sessions of the Legislature are very rarely called. 
Only three have been called within the past thirty years. The 
first called on account of the necessity for meeting an urgent 
health situation; the second in 1912, which was called for pass¬ 
ing a special law concerning local afifairs in the city of Jack¬ 
sonville. The session called in 1912 remained in session but 
three days and the expense was met by the city of Jacksonville. 
The third, in 1918, was called to enact prohibition legislation. 

How the Senate and House of Representatives Are 
Organized.—On the day for the session to begin the mem¬ 
bers of both branches meet in their respective halls* in the Cap¬ 
itol at Tallahassee at noon and proceed to organize. The Sen¬ 
ate is called to order by the president of the preceding Senate, 
the roll of the ‘‘hold over” Senators is called, then the roll of 
newly elected Senators is called and the newly elected Senators 
sworn in. A quorum being present, they proceed to organize 

•The Senate Chamber and the Representatives Hall are situated on the third 
floor of the Capitol. 



44 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


by electing one of their number president to preside over the 
body for the session, and a president pro tempore who is also 
a Senator. A secretary is then chosen, together with other of¬ 
ficers and attaches. 

While the Senate has been thus engaged the House of Rep¬ 
resentatives is also being organized. It is usually called to 
order by the chief clerk of the House of Representatives at the 
preceding session. He calls the roll of members-elect who, 
after taking their oath of office, elect from their number a 
Speaker, who presides during the sittings of the House, and 
also a Speaker pro tempore is elected. A chief clerk and other 
attaches are then chosen. Both Houses are then said to be or¬ 
ganized and ready for business. Before proceeding with any 
business each House sends a committee to notify the other 
House, and also each sends a committee to notify the Gov¬ 
ernor that it is organized and ready for transacting the busi¬ 
ness of the session. 

As soon as practicable each House adopts rules governing 
its procedure and the committees are named by the presiding 
officers. Much important work of the Legislature is done by 
the committees, and the report or recommendation of a com¬ 
mittee on a bill referred to it has weight in its passage or de¬ 
feat, but the committee’s action is not final and does not have 
the weight upon the ultimate passage or failure of the bill as 
a committee report in the National Congress. There are some 
thirty or forty committees for each House, some of the more 
important being the Judiciary, Education, Finance and Taxa¬ 
tion, Appropriations, Agriculture, Railroads and Telegraphs, 
Corporations, Privileges and Elections, Public Health, etc. 
There are committees for looking after the necessary clerical 
work incident to handling the pending measures and the pro¬ 
cess through which a bill passes before becoming a law. The 
Engrossing and Enrolling committees are of this kind. 


THE LEGISLATIVE DEPARTMENT OF THE STATE 45 


Each House is the sole judge of the qualifications of its 
own members. Each House regulates its own procedure by 
the adoption of rules and resolutions. Matters of procedure 
requiring joint or concurrent action by the two Houses are 
regulated by the joint rules of the session and by concurrent 
resolutions, a concurrent resolution being one adopted by one 
House and concurred in by the other House. 

Qualifications of Members of the Legislature.—The 
Constitution specifies certain qualifications for members of the 
Legislature but leaves each House, or branch, of the Legisla¬ 
ture to pass upon the qualifications of its members. Senators 
and Representatives must be residents of and duly qualified 
electors in the Senatorial district or the county from which 
they are chosen. If they remove their residence from the 
county or district during the term for which they were elected 
it automatically vacates the office. Neither can a member of 
the Legislature hold any office under the United States during 
his service as a member of the State Legislature. 

Members of the Legislature may not during the term for 
which they were elected, be appointed or elected to fill any of¬ 
fice which has been created or the emoluments of which have 
been increased by that Legislature. The reason for this is clear. 
It prevents legislators from creating offices with the hope or 
intention of filling them themselves or increasing the pay of 
an office which they anticipate securing by appointment or 
election before the close of the term for which they were elected 
to the Legislature. 

Special Powers of the Legislature.—Either house dur¬ 
ing the session may punish by fine or imprisonment any person 
for disorderly conduct or contemptuous actions in its presence, 
or for refusing to obey its lawful summons. 


46 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


There are also special inhibitions against actions by one 
House without the consent of the other. Neither House may 
adjourn for a longer time than three days, nor to meet at any 
other place than the State capital, without the consent of the 
other branch. 

Powers of Impeachment.—There are officials of the 
State who may not be removed from office in any way except 
by impeachment. The House of Representatives has the powei 
of impeachment—that is, the power to prefer charges and de¬ 
mand the trial of such an officer on a complaint which if true 
would cause his removal from office. The Senate decides 
whether the officer is to be removed from office. In the event 
of impeachment proceedings the House of Representatives 
would prefer the charges, appoint a committee to prosecute 
them before the bar of the Senate and the Senate would sit as 
a court to hear the evidence and determine the guilt or inno¬ 
cence of the accused official. 

When impeachment trials are had the chief justice of the 
Supreme Court presides over the Senate, except in case the 
chief justice might be the official under impeachment, in which 
case the Governor would preside over the Senate during the 
proceedings. 

While the Legislature is the law-making branch and its 
functions are primarily and almost entirely legislative, here we 
see that in the case of impeachments of high officials, and in 
the case of punishing any person guilty of contemptuous con¬ 
duct in its presence, or refusing to obey its mandates, the Leg¬ 
islature while in session may under the conditions mentioned 
exercise functions that are judicial in their nature. 

Questions on Chapter Seven 

I. Of how many members did the Legislature consist as originally 
planned in the Constitution? 


THE LEGISLATIVE DEPARTMENT OF THE STATE 47 


2. Why are there now more than that number? 

3. How many members are there now? In which House does the in¬ 
crease take place? 

4. How long is the term of office of a State Senator; of a Repre¬ 
sentative? 

5. Are the State Senators all elected the same year? What good 
reason can you think of for this provision? 

6. When are the general elections held? When does the Legislature 
meet in regular session? 

7. How is a vacancy filled in the membership of the Legislature? 

8. How long is the Legislature in session at regular sessions? What 
can you say of special sessions? 

9. Give the procedure usually followed in organizing the Legislature 
at the opening of a session. 

10. Name some of the important committees of the Legislature. 

11. Who determines the qualifications of a member, or his right to 
his seat as a member of the Legislature if it be questioned? 

12. What can you say about the qualifications of a member of the 
Legislature? 

13. What special powers are granted both branches of the Legisla¬ 
ture? What special prohibitions are imposed against both? 

14. Discuss the powers of impeachment. Who presides during im¬ 
peachment proceedings? 

Note.—A proposed amendment to the Constitution, which would re¬ 
apportion the membership and increase the size of the Legislature, was 
submitted by the Legislature of 1921, and will be either ratified or re¬ 
jected by the people in the general election held in 1922. 


48 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER VIII 
How THE Laws Are Made 

The Passage of a Law. —We are now ready to see how 
a '‘bill” becomes a law. All laws which finally find their way 
to the statute books are first proposed or introduced, either 
in the Senate or the House of Representatives in the form of 
a bill. The bill contains the proposed law and has a title which 
is a brief reference to the subject matter in the bill. The title 
to a bill begins: “A Bill to be Entitled an Act—, etc.” And 
it must also contain an enacting clause which reads; "Be It 
Enacted by the Legislature of the State of Elorida.” Without 
this enacting clause a bill cannot become a law. Eollowing the 
title and enacting clause the proposed law is set out in orderly 
arrangement by sections if more than one section is required. 

A bill can be introduced only by a member but any 
member has the privilege of introducing as many bills as he 
may wish. When a bill is introduced it is read the first time 
by its title and the usual course for it to take is to be referred 
to an appropriate committee. The committee, after giving it 
consideration, which sometimes takes several days or even 
weeks, returns the bill with their recommendation as to whether 
it should or should not pass. The bill then takes its place on 
the calendar of "Bills on Second Reading.” When it is 
reached in its order it is read for the second time, this time in 
full unless the rule be waived by a two-thirds vote. If any 
member desires to offer amendments they are usually offered 
at this time and if any member opposes the bill and desires to 
prevent its passage he usually undertakes to defeat it while it 
is on its second reading. A bill may be amended by a major¬ 
ity vote while on second reading. If a motion "to indefinitely 
postpone” or "to strike out the enacting clause” should prevail, 


HOW THE LAWS ARE MADE 


49 


the effect would be to kill the bill. If the bill is not “killed” 
it goes to the Engrossing committee where any amendments 
that may have been adopted are incorporated in the bill and it 
is rewritten and examined for errors. When it is returned 
from the Engrossing committee it goes on the calendar again, 
this time under the heading of “Bills on Third Reading,” and 
when reached in its order is read again, this time in full, and 
the roll is called on the question of “Shall the Bill Pass.” If a 
majority of those present and voting vote “yea,” then the bill 
passes and it is certified to the other branch of the Legislature 
where the same process must be gone through with in that 
House. When a bill on final passage is voted on the vote must 
be by roll call and the vote recorded in the journal. 

A bill may originate in either House, but must be voted on 
and pass in both Houses before it is duly enacted. After it has 
passed both Houses it is enrolled by the Committee on Enrolled 
Bills of the House in which it originated, is then examined by 
both Enrolling committees and is signed by the presiding of¬ 
ficer and secretary or chief clerk of each House. The bill is 
then ready to go to the Governor for his approval or disap¬ 
proval. He has only five days (except in the last five days of 
the session) in which to approve or disapprove the Act. If he 
approves he signs it and then it becomes a law. If he disap¬ 
proves and objects to its becoming a law he may veto the meas¬ 
ure which he does by returning it to the House in which it 
originated with a message stating his objection to it. 

The Veto.—In case of the veto it must then be voted 
on again and cannot pass unless two-thirds of the members 
present in each House vote for it, the veto of the Governor to 
the contrary notwithstanding. 

If the Governor does not care to sign a bill, thus giving it 
his expressed approval, yet does not care to veto its passage, he 
may permit it to become a law without his approval for it will 


4 


50 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


become a law if he does not either approve or disapprove it 
within the time limit. 

Unless an earlier time is stated in the bill the Act does not 
become a law until sixty days after the adjourning of the Leg¬ 
islature. Most bills are now drawn so that the effective clause 
reads: “This Act shall take effect upon its passage and ap¬ 
proval by the Governor.” 

Subsequent chapters will discuss some of the main ques¬ 
tions with which the Legislatures have to deal. 

Attaches* of the Legislature.—Each house has its at¬ 
taches, or corps of clerks and assistants who look after the 
clerical work of the session, and perform other work incident 
to a session of a deliberative body. The name and number of 
these attache positions may be changed at the pleasure of the 
members at any session, but the usual attaches are: Secretary 
or chief clerk, assistant secretary or assistant chief clerk, bill 
clerk, reading clerk, engrossing clerk, enrolling clerk, record¬ 
ing clerk, sergeant-at-arms, messenger, chaplain, doorkeeper, 
pages and janitors. In addition to these there are stenog¬ 
raphers and committee clerks. 

A corps of competent attaches greatly facilitates the work 
of the session. There are always quite a number of applicants 
for these places and they are filled by vote of the members. 
The attaches, as well as the presiding officers, are usually de¬ 
cided upon at a caucus held by each House the night before the 
formal opening of the session. 

Publishing the Laws.—It is a well established rule of 
the law and the courts that “Ignorance of the law excuses no 
one.” This might appear hard sometimes if no effort were 
made to acquaint the people with the new laws. 

Florida has an excellent provision with regard to giving 
out the information. Not only are the laws printed in book 


* Pronounced Attashays. 



HOW THE LAWS ARE MADE 


51 


form and may be had at a small cost, but at the close of each 
session all laws of a general nature are published in a news¬ 
paper in each county and mailed to each registered voter in the 
county. So if a citizen be uninformed as to what the Legisla¬ 
ture has enacted in new laws or changes in old ones it is his 
own fault. 

Constitutional Requirements to Be Met.—Many of the 
laws which the Legislature atempts to enact in good faith are 
found by the courts to be unconstitutional and are declared to 
be therefore null and void. Sometimes these defects are quite 
grave and to permit the law to stand as passed would work 
great injury to the constitutional rights of individuals. In 
other cases the defects are more or less formal or technical in 
their nature. So, in framing a measure for passage through 
the Legislature its author should be very careful to have it con¬ 
form to the requirements of the Constitution. 

While no extended mention may be made of how a bill 
might be defective, yet some of the plain and more formal re¬ 
quirements of the Constitution will be mentioned. Each law 
shall contain but one subject matter, and matter properly con¬ 
nected therewith. This requirement the courts have said 
means one general subject matter and the matters incidental 
thereto. The subject matter, which is expressed in the title 
of a bill, may sometimes be quite broad or general in its 
scope, but care must be taken that it be not too broad or gen¬ 
eral in its terms. There are certain laws that must be gen¬ 
eral in their application throughout the State. That is, they 
cannot be drawn so as to be in force in one county and not in 
another. State taxes, for example, must be uniform through¬ 
out all the counties. 

Appropriation bills for the expense of the State Govern¬ 
ment are not permitted to contain any other matters. The end 


52 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


doubtless in view there being to prevent appropriations for 
governmental expenses being tacked on as “riders” to other 
pieces of legislation. 

Questions on Chapter Eight 

1. When a proposed law is introduced in either branch of the Leg¬ 
islature in what form is it? What does the title contain? 

2. What clause is essential in every bill? How does this clause read? 

3. Who may introduce a bill in the Legislature? What is usually 
done with the bill after its introduction? 

4. What two motions are frequently made in an endeavor to prevent 
any further consideration of a bill—or to kill it? 

5. When a bill successfully passes in one of the branches of the 
Legislature what is the procedure it usually follows? 

6. After a bill has been duly enacted by both branches where does it 
then go? What may that official do with it? 

7. What is the veto? Suppose the Governor does not disapprove of 
a measure so much that he wishes to veto it, yet does not care to give it 
his approval. 

8. When does an act of the Legislature after becoming a law usually 
take effect? 

9. Who are the attaches of the Legislature and what are some of 
their duties? 

10. What method is provided for the people to gain knowledge of 
what laws have been enacted? 

11. There is a well established rule of law and of the courts fre¬ 
quently found expressed in the Latin sentence “Ignorantia lex non ex- 
cusat” What is that rule? 

12. What is said of meeting constitutional requirements in enacting 
legislation ? 


EXECUTIVE OR ADMINISTRATIVE DEPARTMENT 53 


CHAPTER IX 

Executive or Administrative Department 

The Chief Executive.—At the head of the executive 
department of the State is the Governor, but there are a num¬ 
ber of administrative officers each having in charge the ad¬ 
ministering of certain affairs of the State. The more impor¬ 
tant of these are: Secretary of State, Attorney General, 
Comptroller, State Treasurer, Superintendent of Public In¬ 
struction and Commissioner of Agriculture. These six of¬ 
ficials are sometimes referred to as the cabinet officers though 
the Constitution does not designate them as such. In fact un¬ 
der the system of government Florida has adopted, these six 
officials are more than a mere cabinet for they have more than 
advisory powers and functions. 

As members of the various State administrative “boards” 
they are potent factors in shaping the administrative policies 
and managing the institutions and business of the State. These 
“boards” will be discussed in a later Chapter. We shall now 
take up individually the officers of the executive or administra¬ 
tive department. 

The Governor.—The chief executive officer of the 
State is the Governor and as such he possesses a greater power 
than is delegated to any other one individual in the State. But 
under our governmental system of checks and balances his 
powers are limited and he does not possess the privilege of fol¬ 
lowing purely personal inclinations or desires in carrying on 
the affairs of government as is attributed to the office in the 
minds of some citizens. His powers and duties are set forth 
in the Constitution and in the statutes. 

The Governor has great and grave responsibilities resting 
upon him. The four years he occupies the office is called his 


54 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


administration by those who write the history of the State, and 
this is because the Governor, as chief executive, is supposed 
to influence largely the administrative policy of the four years, 
and often also the legislative policy to some extent. 

Qualifications and Eligibility.—The Governor must be 
a qualified elector of the State. That is, he must be a regis¬ 
tered voter and have complied with all requirements of voters 
for being qualified to vote in the general election at which the 
Governor is to be chosen. He is voted for at the same time 
and places for voting for members of the Legislature. He 
must have been a citizen of the United States for at least ten 
years and a citizen and resident of the State of Florida for at 
least five years next preceding his election. These restrictions 
do not apply in case of the President of the Senate or the 
Speaker of the House of Representatives succeeding to the 
governorship in the event of a vacancy. 

Term of Office.—The term of a Governor is four years 
and he cannot succeed himself in office. He may serve twice 
as Governor but not in succession. One Governor has served 
two terms but there were three administrations intervening be¬ 
tween his first and second term. But he is not prevented from 
being a candidate for some other office at the close of his term 
as Governor. 

His Powers and Duties.—The Governor is commander 
in chief of the militia of the State, except when they are called 
into the service of the United States. 

He may require information in writing from the admin¬ 
istrative officers of the executive department. 

He appoints officers to fill vacancies in office when no 
other method has been provided by the Constitution. 

He may call the Legislature in extraordinary session. 


EXECUTIVE OR ADMINISTRATIVE DEPARTMENT 55 


He may suspend the collection of fines and grant reprieves 
for a period not exceeding sixty days. 

He may with the consent of a majority of the Board of 
Pardons, grant pardons to persons after they have been con¬ 
victed of crime. 

He may require the opinion of the Supreme Court as to the 
interpretation of the Constitution upon any question affecting 
his executive powers and duties. 

He signs all commissions granted in the name of the State. 

He may suspend from office, for cause, any officers not lia¬ 
ble to impeachn^ent, the suspension remaining effective until 
the next meeting of the State Senate. Then if the Senate con¬ 
curs, a permanent removal is made, otherwise the officer is 
automatically reinstated. 

The Governor’s Duties.—It would hardly be possible 
to set forth in such limited space all the duties of the Governor. 
His chief duty is to see that the laws are executed or enforced, 
for he is the chief executive officer of the government. He is 
ex officio chairman of many of the “boards” which transact 
the business of the State and in speaking of the work of these 
boards the work of the Governor will be included. 

The Governor communicates to the Legislature at the be¬ 
ginning of each session by a message giving information on 
the condition of the State and his recommendations as to 
needed legislation. 

His salary is fixed by the Legislature and is at present six 
thousand dollars per year. He is also furnished a splendid 
home, called the Governor’s Mansion, which is well furnished 
and becomes the residence of the Governor and his family dur¬ 
ing the four years he is in office. 

How a Vacancy Would Be Filled.—In event a vacancy 
should occur in the governorship by reason of death, resigna- 


56 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


tion, impeachment, or otherwise, the President of the Senate 
succeeds to the office, and in event he cannot serve until a Gov¬ 
ernor is elected, then the Speaker of the House of Representa¬ 
tives succeeds to the executive office. An election for Gover¬ 
nor would be held at the next general election after the vacancy 
occurred. 

The Executive Offices.—The Governor has his offices 
in the Capitol, where his official business is transacted. He is 
allowed a secretary who is commissioned to hold office during 

the term of and at the pleasure of the Governor. 

♦ 

The Secretary of State.—The Constitution says that 
the Secretary of State shall be the keeper of the records of of¬ 
ficial acts of the legislative and executive departments of the 
government, and “shall, when required, lay the same, and all 
matters relative thereto, before either branch of the Legisla¬ 
ture; and shall be the custodian of the great seal of the State. 
He shall also have charge of the capitol building and grounds, 
and perform such other duties as shall be prescribed by law.” 

In addition to the above the Legislature has from time to 
time placed important duties upon the Secretary of State. He 
is State librarian, keeps in his office the election returns and 
gives certificates of election, attests all official documents 
signed by the Governor and attaches the great seal of the State 
to all official papers requiring the same. The detail work of is¬ 
suing and recording charters for incorporated companies in the 
State and admitting those of other states to enter Florida for 
transacting business is looked after by the office of Secretary 
of State. He publishes the laws enacted by the Legislature, 
and keeps in his office the original enrolled acts containing the 
signatures of the legislative officers. He is custodian of the 
bonds of county officials, and the journals of proceedings in 
both Houses of the Legislature. 


EXECUTIVE OR ADMINISTRATIVE DEPARTMENT 57 


The Secretary of State is a member of the Board of Com¬ 
missioners of State Institutions, the State Board of Education, 
the State Board of Pardons, and chairman of the State Can¬ 
vassing Board. 

The Attorney General.—Under the provisions of the 
Constitution the Attorney General is the legal adviser of the 
Governor, and of each of the officers of the executive depart¬ 
ment ; and is reporter for the Supreme Court. 

The Attorney General is of course a lawyer. He is the 
chief lawyer for the State and his advice is often sought on 
legal questions by the Governor and other executive officers. 
Though he is often besought by county officials and private 
citizens for his opinion on question of law, he is not authorized 
by the Constitution or statutes to render to them his opinion 
officially. He frequently gives unofficial opinions, however, 
as a matter of courtesy. He has general supervision over the 
State Attorneys and represents the State in the cases appealed 
to the Supreme Court in which the State is a party. He also 
represents the State in the United States courts. As the busi¬ 
ness of the State increases and affairs of State become more 
complicated, the Attorney General’s office is taxed more and 
more by being called on for opinions relating to the construc¬ 
tion of the laws and the duties of the State officials. 

He is reporter for the Supreme Court, which means that 
he indexes and prepares in suitable form for publication the 
opinions of the Supreme Court and their decisions in all cases 
heard in that court. 

He makes a report to the Governor concerning the opera¬ 
tion of the laws enacted by the Legislature and the Supreme 
Court’s decisions relative to them. He makes such recom¬ 
mendations as he deems proper as to needed legislation; and it 
is the duty of the Governor to lay his report before the Legis¬ 
lature. 


58 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


The Attorney General is a member of the Board of Com¬ 
missioners of State Institutions, the State Board of Education, 
the State Board of Pardons, the State Canvassing Board, the 
Internal Improvement Trustees, the Board of Drainage Com¬ 
missioners and other boards. 

The State Comptroller.—The State Comptroller’s of¬ 
fice is one of the most extensive departments of the State gov¬ 
ernment. The Constitution says that: “The Comptroller shall 
examine, audit, adjust and settle the accounts of all officers of 

the State-but in addition to these duties the Legislature 

has from time to time added to his work. The chief duty of 
the Comptroller might be said to be the examining and paying 
of accounts against the State. No moneys are paid out of the 
State Treasury except on a warrant drawn by the Comptroller 
which has been countersigned by the Governor. The Comp¬ 
troller keeps in his office the vouchers or approved bills on 
which State moneys are paid out. 

In his office and under his supervision are the pension de¬ 
partment, banking department, tax redemption department, 
auditing and county finance department, motor vehicle license 
department and others. 

He is a member of the Board of Commissioners of State 
Institutions, the Internal Improvement Trustees, the Board of 
Drainage Commissioners, State Finance Board, Pension 
Board, State Board of Pardons, Foreign Investment Company 
Board, and the Budget Commission, 

He examines and approves the bonds of State and county 
officers and has wide powers and extensive duties with refer¬ 
ence to all claims and accounts against the State and the ac¬ 
counts due to the State. 

He keeps accounts against the State Treasurer and all 
county tax collectors with reference to State taxes; keeps du- 



EXECUTIVE OR ADMINISTRATIVE DEPARTMENT 59 


plicate books on file of all taxes assessed in all counties; of the 
lands sold for taxes and the redemption of such lands. 

The State Treasurer.—The State Treasurer’s constitu¬ 
tional duties are to '‘Receive and keep all funds, bonds, and 
other securities, in such manner as may be prescribed by law, 
and shall disburse no funds, nor issue bonds, or other secur¬ 
ities, except upon the order of the Comptroller countersigned 
by the Governor-Like all other cabinet officers, how¬ 

ever, these duties have been greatly extended. His chief duty, 
however, is the safe-keeping of the public funds. He gives a 
large bond for the faithful performance of his duty and han¬ 
dles all the cash and securities belonging to the State as well 
as large amounts which are deposited with him for the time be¬ 
ing as guaranties or securities. 

His office is provided with strong safes and secure vaults 
but aside from the bonds and securities not much actual cash 
is kept on hand in the vault. Such of the State’s money as may 
not be needed for immediate use is deposited in many banks 
throughout the State and draws interest. The banks place se¬ 
curities with the State Treasurer to protect the State against 
loss of this money. 

The State School Fund owns several hundred thousand 
dollars worth of bonds and securities and these are kept by the 
State Treasurer as the treasurer of the State School Fund. He 
also has in his custody large amounts of securities belonging to 
the insurance companies doing business in the State, which se¬ 
curities are required to be deposited with him to guarantee the 
faithful compliance of the companies with certain insurance 
laws and the faithful performance of certain of their contracts 
or policies. He also administers the insurance laws. 

The State Treasurer is a member of the Board of Com¬ 
missioners of State Institutions, the State Board of Education, 
the State Board of Pensions, the Internal Improvement Trus- 



60 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


tees and Board of Drainage Commissioners, State Finance 
Board, and the Budget Commission. 

State Superintendent of Public Instruction.—Of more 
interest to the school children of the State than any other of¬ 
ficer is probably the Superintendent of Public Instruction. He 
is head of the school system and the educational affairs of the 
State. He influences largely the standard of education in the 
State and the fine work of this officer is reflected in the splen¬ 
did educational standards in force in Florida. 

The Superintendent of Public Instruction is secretary of 
the State Board of Education and a member of the Board of 
Commissioners of State Institutions. 

He issues a report biennially which contains a large amount 
of interesting data with reference to the schools of the State; 
giving the enrollment, attendance, teachers, teachers salaries, 
value of the school buildings, school equipment, etc. This re¬ 
port reviews the progress of education in the State during the 
time for which it is issued and has much valuable information 
concerning the educational system of the State. 

He may call county superintendents in convention and 
teachers in to institutes for obtaining and imparting informa¬ 
tion on the practical working of the school system. 

In the chapter dealing with the Educational System of the 
State further reference will be made to the important office of 
State Superintendent of Public Instruction. 

The Commissioner of Agriculture.—The office of the 
Commissioner of Agriculture is another extensive department 
of the State government. He is chiefly concerned with the 
agricultural and horticultural interests of the State but he has 
various duties under the Constitution and laws to perform. 

He keeps an immigration bureau, has supervision over the 
public lands and matters pertaining thereto, and has supervi¬ 
sion over the State Prison. 


EXECUTIVE OR ADMINISTRATIVE DEPARTMENT 61 


The pure food laws and the laws relating to the inspection 
of fertilizers and feed stuffs are administered from his office. 
When the State census is taken it is under his supervision and 
the State census bureau is in his office. 

He is a member of the Board of Commissioners of State 
Institutions, State Board of Pardons, Internal Improvement 
Trustees and the Board of Drainage Commissioners. 

The Shell Fish Department, which is the department that 
administers the fish and oyster laws, is also under him; and 
the State chemist’s office is in most of its work connected with 
the office of the Commissioner of Agriculture. 

The citrus fruit inspection law comes under the supervision 
of this office, as does the law relative to standard weights and 
measures and the inspection of gasoline and oils. 

He collects and disseminates agricultural statistics, and 
other information of especial interest to those who till the soil. 

Frbm the above it will be seen that the Commissioner of 
Agriculture is charged with the administration of much impor¬ 
tant legislation that directly affects the individual citizen. 

Questions on Chapter Nine 

1. What official is called the Chief Executive of the State. 

2 . What six administrative officers are sometimes referred to as the 
“Cabinet” officers? 

3 . Does the Constitution refer to them as the Cabinet? What can 
you say of their importance? 

4 . What can you say of the powers, duties and responsibilities of the 
Governor? 

5 . Why do we speak of the four years a Governor is in office as his 
“administration ?” 

6 . What qualifications are prescribed by the Constitution for one 
who is elected Governor? Can a Governor succeed himself in office? 

7 . Name some of the specific powers that may be exercised by the 
Governor. 


62 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


8. What is the most important duty of the Governor? 

9. What special duty has the Governor when the Legislature con¬ 
venes ? 

10. In what ways might a vacancy occur in the Governor’s office? 
Who would succeed to the governorship in that event? 

11. Where does the Governor work? Where does he live? 

12. Name two duties of the Secretary of State named in the Con¬ 
stitution. 

13. Does the Legislature require other duties of him also? 

14. What are the main duties of the Attorney General? 

15. What special report does he make to the Governor? 

16. What are the chief constitutional duties of the Comptroller? 

17. Name several kinds of State business handled by the State Comp¬ 
troller. 

18. What duties has the State Treasurer under the Constitution? 

19. What particular class of business corporations does he supervise? 

20. Who is the chief school officer of the State? What can you say 
of his influence on educational work? 

21. What are some of the facts given in his report? 

22. What are the chief duties of the Commissioner of Agrfculture? 

Name some of the special laws he administers. 


THE ADMINISTRATIVE BOARDS 


63 


CHAPTER X 

The Administrative Boards 

The Work of the State Boards.—As mentioned in a 
previous chapter there is much of the State’s business trans¬ 
acted by “Boards” composed of some or all the cabinet officers. 
These officers are ex officio members of the “Boards” and 
serve without additional pay. 

When the Legislatures in past years began to place new 
laws and enterprises of the State in the hands of these 
“Boards” for administration it was a good policy from the 
standpoint of economy, for instead of creating new offices and 
appropriating the necessary money for the salaries of addi¬ 
tional officers and the expense of new departments, the new 
work was placed under these “Boards” where it was attended 
to at a minimum of expense. But as the affairs of the State 
grew and expanded and the work increased in volume and in 
new enterprises or new laws to be administered, the time of 
these cabinet officers has been very heavily taxed with the 
varied work of these boards, or commissions of which they are 
ex officio members. 

A brief sketch of the work of these administrative boards 
will now be given. 

Board of Commissioners of State Institutions.—This 
board is composed of the Governor and six cabinet officers, 
the Governor being ex officio chairman. They employ a sec¬ 
retary who keeps the minutes of their meetings and conducts 
the correspondence for the board. As the name implies, this 
board has supervision over all the State institutions. It has 
direct supervision over the Hospital for Insane, the State 
Prison Farm, the Industrial School for Boys and the Industrial 
School for Girls and general supervision over other State in- 


64 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


stitutions which may be directed in detail by some subordinate 
board or superintendent. It also has supervising powers over 
all State buildings and State property not specifically placed in 
the control of other officials. 

Some of the duties of the board, other than those above 
mentioned, are to make contracts for the State printing, for 
the State school text books adopted for use under the State 
Uniform Text Book Law, for insuring the State’s buildings 
and property against loss by fire and for the purchase of sup¬ 
plies for the institutions under its immediate direction. 

This Board is recognized as representing the interests of 
the State in a general way and having charge of such State 
business that is not specifically placed under some department 
or other official. 

The Board of Pardons.—The State Board of Pardons 
is composed of the Governor, the Secretary of State, the At¬ 
torney General, the Comptroller, and the Commissioner of Ag¬ 
riculture. The Governor is ex officio chairman and the board 
employs a secretary for keeping minutes and the record of 
cases coming before it. 

This board hears the applications for pardons, paroles and 
commutations of sentence. It has the power, the Governor 
consenting, to grant pardons either conditional or full and free, 
to parole prisoners, and to commute a sentence. Its functions 
are not only to correct any manifest error of justice, but it is 
also empowered to extend mercy where, in the wisdom^ of its 
members, it is proper to do so. There are citizens who believe 
in a liberal use of the pardon power while other citizens be¬ 
lieve it should seldom be used, leaving the sentences of the law 
imposed by the courts to be inexorably executed. Criticism of 
the actions of the board by persons who do not like its policies 
usually come from those who are not as familiar with the cases 
as are the members of the Board of Pardons. A commutation 


THE ADMINISTRATIVE BOARDS 


65 


of sentence is a changing or reduction of the sentence to a 
lesser degree of punishment. Sometimes sentences of death 
are commuted to a sentence of imprisonment for life; sen¬ 
tences of imprisonment are sometimes commuted to a shorter 
term of imprisonment or to the payment of a fine. Pardons, 
when first granted, are usually “conditionalthat is, the par¬ 
don is effective only so long as the pardoned convict lives a 
sober, peaceable, law-abiding life and abides by any other con¬ 
ditions of its terms and it may be revoked if its conditions are 
broken. When a person is sentenced to imprisonment in the 
State prison for certain crimes he loses some of his rights as a 
citizen, such as voting, and a conditional pardon does not re¬ 
store the holder to citizenship but a full pardon may be granted 
by the board which restores the convict to civil rights. 

For. a pardon, parole or commutation to be granted it must 
be agreed to by a majority of the members and the Governor 
must be one of those consenting. 

The State Board of Education.—The State Board of 
Education is provided for by the Constitution and is composed 
of the Governor, Secretary of State, Attorney General, State 
Treasurer and State Superintendent of Public Instruction. 
The Governor is ex officio its president and the State Superin¬ 
tendent of Public Instruction is ex officio secretary of this 
board. It has power to remove subordinate school officers for 
cause, upon notice to the incumbent; and has the management 
and investment of the State School Fund. It has supervision 
over the State Colleges and Institutions of Higher Education 
and many phases of the educational laws often come before this 
board for adjustment. 

This board is a very important one as it is the body that 
has in general charge all our State educational institutions and 
is in a way the head of the school system of the State. 


5 


66 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


The Internal Improvement Trustees. —This board is 
composed of the Governor, Attorney General, Comptroller, 
State Treasurer and Commissioner of Agriculture and its du¬ 
ties are in general to administer the lands and proceeds thereof 
which were granted to the State by the United States Govern¬ 
ment for purposes of reclamation and internal improvement. 
The largest undertaking this board has had is the drainage of 
the Everglades and providing for the reclamation of this vast 
expanse of overflowed lands or lands subject to overflow. 
The board supervises the work of digging the drainage canals 
and building locks and making surveys of the reclaimed lands. 
The work is a fine example of that function of government 
coming under the head of the general welfare. When this 
great undertaking is successfully finished it will add greatly to 
the wealth of the State and increase the agricultural and other 
economic opportunities open to the people. 

The same officials compose the State Board of Drainage 
Commissioners and under the latter name much of the actual 
drainage work is handled. 

The State Pension Board. —A pension in its strictest 
sense is a stated allowance granted for past service to the 
State. Almost all governments have pensioners who draw of 
the State’s bounty for one cause or another. It is within the 
province of the Legislature to provide for pensioning such per¬ 
sons as it deems proper. It is the generally accepted custom of 
the Legislature of this State to pension those old soldiers and 
the widows of soldiers who served in the Confederate army or 
navy. The United States pensions those who served in the 
Union armies during the Civil War, but does not pension those 
who served in the Confederate armies; therefore most of the 
Southern States have provided for State pensions to be paid 
Confederate Veterans and their widows. 


THE ADMINISTRATIVE BOARDS 


67 


Florida’s pension laws have been among the most liberal of 
any of the Southern States. The rates of pay, requirements 
for applicants to be eligible to receive pensions and levying the 
tax to provide the funds are functions of the Legislature. 

The State Board of Pensions, composed of the Governor, 
Comptroller and State Treasurer,, passes upon all applications 
for pension to determine if they meet the requirements of the 
law, and if granted what rate of pay is applicable to them. The 
State tax, on account of pensions, has been for several years 
greater than that levied by the Legislature for any other one 
purpose. 

The State Canvassing Board.—The Secretary of State 
is chairman of this board, the other members being the Attor¬ 
ney General and State Comptroller. However, if any one of 
its members for any reason cannot serve, some other cabinet 
officer may be called in and serve on the board. Its duties are 
to canvass the returns and declare the results of State elections. 
Their findings are filed with the Secretary of State. 

The State Board of Control.—Some years ago when 
the Legislature undertook to consolidate, improve, and enlarge 
the colleges and institutions of higher education there was cre¬ 
ated the State Board of Control, which board has duties con¬ 
nected directly with the detail supervision of the University 
and State colleges. Its members recommend the faculties of 
the colleges, supervise the expenditures of the appropriations 
made to pay the expenses of the institutions of higher learning, 
prepare recommendations to the Legislature as to the needs of 
the institutions and otherwise have in hand the interests of the 
institutions of higher learning which are supported by the 
State. 

State Plant Board.—The membership of this board is 
the same as that of the State Board of Control, and they are 


68 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


charged with administering the laws relative to protection of 
our great horticultural interests. For example, the State and 
the grove owners have spent thousands of dollars in fighting 
citrus canker and other dangers to the orange groves and other 
citrus fruit trees. Other plants and trees also require protec¬ 
tion. The national government expends money to assist in this 
work and it is all done under the supervision of the State Plant 
Board. 

The Live Stock Sanitary Board.—The live stock of the 
State need protection as well as the plant life. There are laws 
which prevent the shipment of animals or dressed meats from 
one state to another without certain inspection tests are met. 
Live stock are also subject to diseases to which they fall as a 
prey in great numbers. The Live Stock Sanitary Board has 
the administering of the laws designed to stamp out the cattle 
tick, hog cholera, etc. 

State Board of Health.—This is one of the most im¬ 
portant of the State Boards and as its name implies, is charged 
with protecting the health of the people. So important mat¬ 
ter as the public health will be discussed in a separate chapter 
and the duties of this board discussed therein. 

State Budget Commission.—The expenditure of pub¬ 
lic funds has ever been the subject of more or less criticism. 
Since governmental agencies cannot be built up along the same 
lines as private business there is not always the economy prac¬ 
ticed in public affairs as there might be. The expenditures in 
the several departments of the government have not been co¬ 
ordinated as much as might have been, so the Legislature re¬ 
cently provided a Budget Commission. The duty of this com¬ 
mission, which is composed of the Governor and two of the 
cabinet officers, is to work out a budget, or systematic plan of 
the needed expenditures for the State and submit this plan or 


THE ADMINISTRATIVE BOARDS 


69 


budget to the Legislature as a basis for intelligent action in 
making appropriations. 

State Finance Board.—This board is composed of the 
Governor, Comptroller and Treasurer. It deals with general 
financial questions that arise in which the State is a party, or 
in which some problem effecting the State must be worked out. 

Foreign Investment Board.—Laws regulating the sale 
of foreign stocks and securities within the State have been 
passed in many of the States and Florida has such, a law. Its 
administration is in the hands of the Comptroller and the At¬ 
torney General and they are when acting in that capacity 
known as the Foreign Investment Board. 

The State Road Department.—The building and im¬ 
proving of public highways, for long years left to the coun¬ 
ties, is now being given much attention by the State. This 
work is entrusted to the State Road Department. This depart¬ 
ment is supervised by a commission of five members appointed 
by the Governor. One is appointed from each Congressional 
district and one from the State at large. These members 
choose one of their number as chairman who is known as the 
State Road Commissioner and devotes his entire time to the 
big task the State has undertaken in the way of public road im¬ 
provement. 

A State System of Highways.—The State Road De¬ 
partment has mapped out a number of highways which will 
form the main or trunk line highways of the State and will 
construct improved or hard surfaced highways in accordance 
with this State-wide system. The counties are supposed to 
construct or maintain the connecting roads or those known 
as county public roads, and also to assist in the construction of 
the main State highways. The national government also as- 


70 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


sists to a certain extent in the improvement of the public roads 
and highways. 

There is scarcely any public improvement which has so 
important place in the development of a State as that of its 
public roads. In this age of rapid transit when the motor 
vehicle is supplanting the horse-drawn carriage or wagon, hard 
surfaced highways have become a necessity. Improved high¬ 
ways are second only in importance to the railroads in the de¬ 
velopment of a state or nation. 

State Marketing Bureau.—An important aid rendered 
the public by the State is maintaining a State Marketing Bu¬ 
reau which compiles information of interest alike to producer 
and consumer. It is of great assistance to producers in finding 
markets for their products, particularly the perishable products 
which must find ready markets or be entirely lost. 

Other State Boards.—There are other bodies or com¬ 
missions created by law either for some temporary purpose or 
for some restricted function and which are not separately dis¬ 
cussed. The name usually indicates their purpose; such for 
example as the Board of Medical Examiners. It will not be 
necessary to take these up in detail as any well directed inquiry 
will gain any necessary information concerning them. 

Questions on Chapter Ten 

1. What officers make up the personnel of the administrative boards? 

2 . What are the main duties exercised by the Board of Commission¬ 
ers of State Institutions? 

3 What is the chief duty of the Board of Pardons? 

4 . What two kinds of pardons are granted? What is a parole? A 
commutation of sentence? 

5 . What is necessary in order for a pardon to be granted? 

6 . What particular powers has the State Board of Education with 
reference to school officials? What connection has it with the colleges? 


THE ADMINISTRATIVE BOARDS 


71 


7. What are the duties of the Internal Improvement Trustees and 
what is the largest single undertaking they supervise? 

8. What is a pension? What can you say of Florida’s pension laws? 
Who receive pensions from the State? 

9. What does the State Canvassing Board do? 

. 10. Discuss the duties of the Board of Control. 

11. What is the purpose of the Live Stock Sanitary Board? 

12. With what matters does the Budget Commission deal? The 
State Finance Board? The Foreign Investments Board? 

13. What are the duties of the State Road Department and how is 
it composed? 

14. Discuss the State Marketing Bureau. 

15. Name some other State boards. 


72 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER XI 

The Public Service Commissions 

Government Supervision of Certain Corporations.— 

Those corporations and companies, the business of which is 
to serve the public generally, such as railroad companies, tel¬ 
egraph companies, express companies, etc., are usually large 
corporations doing business over extensive territory and are 
seldom sufficiently local in interests to cause them to be guided 
entirely in their management by local needs or convenience. 
Therefore a locality might suffer economic loss or inconven¬ 
ience and be unable to influence the policy of the public serv¬ 
ice corporation. All states have some kind of public service 
commission whose duty it is to see that the public generally 
get fair and just treatment as patrons of these corporations, 
in some states these commissions have more extensive powers 
than others—depending on the growth of governmental ideas 
in the State. 

The Railroad Commission.—Florida has made a fair 
start in this phase of governmental regulation. Its most im¬ 
portant public service commission is the Railroad Commission. 
When it was first created, it was given but few powers and 
public sentiment was not awakened to the need of it. After 
some years of a slow, trying-out process the Legislature made 
a proper and earnest effort to clothe this Commission with suf¬ 
ficient powers to cope with its problems and the duty it was 
supposed to perform. It is supposed to look after the pub¬ 
lic’s interests with all the railroads, telegraph companies, tel¬ 
ephone companies and any other common carriers doing busi¬ 
ness in the State. It must be kept in mind, however, that it 
would have no power over interstate business or commerce, as 
that is a function of the United States Government. The 


THE PUBLIC SERVICE COMMISSIONS 


73 


United States Commerce Commission looks after interstate 
commerce. 

If the people of a community felt that the railroad depot 
in their town was insufficient and not adequate to meet the 
needs of the public travel and shipments to and from that 
point, they could appeal to the Railroad Commission who 
would investigate the public need for the convenience and if 
found necessary would order the railroad company to build 
such a depot as would meet the public need. Again, if it was 
found that the rate on some class of freight or express ship¬ 
ments from some point in the State to some other point in the 
State was not equitably fixed, the Railroad Commission would 
make it a matter for investigation and order such changes as 
fairness and justice demanded. Telephone companies also 
come under the jurisdiction of the Railroad Commission. 

The Railroad Commission has extensive powers and ju¬ 
risdiction over the intrastate business of these common carriers 
in the State, and the common carriers are the largest and most 
important of the public service corporations. 

The Hotels Inspected.—Next to the service given by 
the common carriers, the traveling public are probably most 
interested in the service of the hotels. Florida has only re¬ 
cently undertaken any supervision over the equipment and 
service of hotels but there is now a Hotel Commissioner, whose 
department maintains an inspection service to see that the 
hotels, cafes and boarding houses are equipped in accordance 
with the requirements of the law and that the service is san¬ 
itary. 

As the public demands it, the supervising or regulating 
of public service companies by the government will expand 
to cover every class of public service enterprise. 

It should be kept in mind that those public utilities located 
and operated entirely within the cities and towns are subject 


74 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


to the regulation of the city or town governments; and their 
service is usually regulated by the terms of their franchise and 
the ordinances of the city or town. This function of munici¬ 
palities will be mentioned at more length in a succeeding chap¬ 
ter. 

Quasi-Public Service Corporations.—There are corpo¬ 
rations which engage in lines of business which affect so 
many of the public and which by the nature of business trans¬ 
acted are in a measure subject to some degree of public or State 
supervision. These are sometimes referred to as quasi-public 
service corporations, meaning in the nature of a public service 
institution. Examples of these are banks and insurance com¬ 
panies. 

Bank Supervision.—State Banks of which there are 
over two hundred in the State, are under the supervision of 
the State Comptroller. He has the power to cause the State 
banks to be examined from time to time for the purpose of 
ascertaining if the bank is being conducted on safe and sound 
principles and if its investments are safe and secure. Since 
a large portion of the wealth of the State is entrusted in some 
way to the banks it is of course a matter of public concern 
and interest that some supervision or regulation over them 
should be maintained. State banks are supervised by the State 
and National banks by the Federal Government. As the origin 
of national banks was to provide a governmental agency to 
assist in the issue of paper currency the supervision of these 
naturally falls under the head of Federal Government regula¬ 
tion, since the national currency is one of the subjects with 
which the National Congress was granted power to deal. 

Insurance Companies.—A large portion of the people 
carry insurance of some kind, either life insurance, accident 
insurance, fire insurance or some other form. Much of the 


THE PUBLIC SERVICE COMMISSIONS 


75 


insurance in force is carried in large companies having their 
home office in some other State and unless the State main¬ 
tained some kind of regulation or supervision over their busi¬ 
ness conducted in Florida the transactions had with them by 
policy holders might not prove satisfactory or easy of adjust¬ 
ment. So we have laws regulating the manner of handling 
insurance business in this State. These laws are administered 
by the State Treasurer who is ex officio Insurance Commis¬ 
sioner. 

Questions on Chapter Eleven 

1. Why do large public service corporations need State supervision? 

2. What is the chief function of the Railroad Commission? 

3. What kind of commerce can it regulate? What kind has it no 
power over? 

4. What are some specific matters with which the Railroad Com¬ 
mission deals? 

5. What other public service corporations are under the jurisdic¬ 
tion of the Railroad Commission in addition to railroads? 

6. What can you say of the Hotel Commission and its duties? 

7. Are the waterworks and electric light plants of your home town 
or city owned by the city or by a private corporation? 

8. Who controls them? 

9. What can you say of the advantages and disadvantages of a city 
owning its own public utilities such as water system, electric light plants, 
etc.? 

10. What is a quasi-public service corporation? 

11. Give two prominent examples. 

12. What official supervises the State banks? 

13. Does he also supervise national banks? Why? 

14. Give a reason for State supervision of insurance companies. 

15. What official is ex officio insurance commissioner? 


76 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER XII 

Other Administrative Officers 

In addition to those already discussed there are other State 
officers who are concerned with some phases of administer¬ 
ing the laws of the State. Some of these fill important places 
in the general administration of the affairs of the government. 
This chapter will deal with the most important duties of these 
officials. 

The State Chemist.—The State Chemist’s office is in 
some respects an adjunct of the department of agriculture in 
so far as its part as an administrative office is considered, 
but in many ways it is a separate department. The State 
Chemist, with his assistants, makes chemical analyses of foods, 
feed stuffs, fertilizers and gasoline sold in the State, and his 
office is generally concerned with the chemistry work nec¬ 
essary to supervise and enforce the pure food and drug laws, 
stock feed and fertilizer laws of the State, as well as to give 
information of value concerning soils, etc. 

State Geologist.—The State Geologist makes what is 
called a geological survey of the State. He collects data and 
prepares it for publication concerning the geological forma¬ 
tions in the State; gathers any specimens of interest from a 
geological standpoint; and furnishes information that he may 
have in hand concerning the soil formations of any section of 
Florida. 

The Shell Fish Commission.—This department, like 
the State Chemist’s, is in some respects an adjunct of the De¬ 
partment of Agriculture. There is a Shell Fish commissioner, 
who supervises the administration of the oyster and fish laws 
of the State. He maintains a force of deputies to insure the 
enforcement of the laws regulating the fish and oyster indus- 


OTHER ADMINISTRATIVE OFFICERS 


77 


tries, and sees that these natural resources of the State are 
not ruthlessly depleted or destroyed. 

The Hotel Commissioner.—This officer inspects ho¬ 
tels, boarding houses, restaurants and cafes to see that they 
are properly equipped for caring safely for the public who 
patronize them, and also as to the manner in which they are 
run. He looks after their sanitary condition particularly. 

State Equalizer of Taxes.—Taxation has ever been a 
troublous question in governmental affairs. To have the tax 
burden distributed fairly and equitably among the people of 
the State is of course the just and right thing to do. The 
methods of taxation that have been in use in Florida for many 
years have been such that inequalities have crept in more from 
the officers whose duty it was to assess taxes than from any 
fault of the system or theory provided. To correct these in¬ 
equalities is a problem with which the State Equalizer of 
Taxes is to deal. An attempt was made some years ago to 
correct the trouble through the agency of a tax commission 
composed of three members. The Legislature did away with 
this commission, however, and very recently a law was enacted 
providing for one official whose duties are to bring about 
equality and a fair distribution of tax assessments. His title 
is State Equalizer of Taxes. His findings are reviewed by a 
State Board of Equalizers composed of the Governor together 
with some of the cabinet officers. 

State Labor Inspector.—The duty of the State Labor 
Inspector is to see that the laws against child labor in factories 
are enforced, to inspect the places where groups of men and 
women are employed, to see that employers provide safe and 
sanitary working places and that those who labor in factories 
and like places are protected from intolerable conditions. His 
greatest work, probably, is to protect children of immature 


78 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


years from being unnecessarily put to work instead of being 
in school. Children under certain ages may not be hired out 
without his permission. He gives it only in cases where the 
absolute necessities of the family demand it. 

Other Officers of the State.—There are many other 
minor officials or inspectors who perform some duties under 
the State Government and who are not mentioned specifically 
in this chapter for the reason their duties are closely connected 
with some department of the government which is discussed, 
in another chapter. 

Miscellaneous.—There are other laws enacted by the 
Legislature from time to time, which have been placed for ad¬ 
ministration under some State officer, such as the Naval Stores 
Inspection laws. Any office or department which the Legis¬ 
lature creates, it also has the power to abolish and all offices 
discussed in this particular chapter are statutory offices and 
may be abolished by the Legislature. A constitutional office, 
which is one provided for in the State Constitution, may not 
be abolished by the Legislature. 

Questions on Chapter Twelve 

1. What is the work of the State Chemist? 

2. What laws depend mainly for their enforcement upon chemical 
tests ? 

3. Give the duties of the State Geologist. 

4. What is the chief duty of the State Equalizer of Taxes? 

5. What benefits are derived from the Hotel Commission laws? 

6. What industries are under the supervision of the Shell Fish 
Commission? What is the purpose of the laws regulating these indus¬ 
tries? 

7. May the offices mentioned in this chapter be changed or abol¬ 
ished by the Legislature? 

8. Could the Legislature abolish one of the cabinet offices? Why? 

9. What are the duties of the State Labor Inspector? 

10. What other administrative officers of the State can you name? 


THE EDUCATIONAL SYSTEM OF THE STATE 


79 


CHAPTER XIII 

The Educational System of the State. 

An Important Duty of the State.—One of the greatest 
concerns of the State should be the education of its youth, 
for they are its future citizens. The school boy of to¬ 
day in a very few years may be the legislator, the State offi¬ 
cial, and the judge. He will have his part in shaping the 
State’s laws and their enforcement, and in caring for the wel¬ 
fare of its populace. He may be, and probably will be called on 
to serve as a juror, he will doubtless take part in elections and 
thus be directly participating in the destinies of his State. He 
is a part of the State, and his influence—however slight—in 
shaping its welfare is a matter of concern to every other citi¬ 
zen of the State; therefore one reason from a governmental 
standpoint for public education. 

Civilization advances by the side of public education. It 
is a view firmly grounded in our system of democratic gov¬ 
ernment that maintaining public free schools is one of the 
fundamental duties of the State. 

Our State Constitution says that “The Legislature shall 
provide for a uniform system of public free schools, and shall 
provide for the liberal maintenance of the same.” So it was 
the intention of the framers of the Constitution, and of the 
people in ratifying it, that our public free schools should not 
be hampered or cramped for funds or run in a niggardly 
manner. 

At the time the present Constitution was adopted, the schools 
were not being very liberally supported, neither were they of 
the high standard they are at this time. This phase of our 
State’s government has made most remarkable progress, and 
this progress has been largely due to the policy followed by 
the head of the Department of Education, the State Superin- 


80 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


tendent of Public Instruction, who is the chief school officer 
of the State. 

Where School Money Comes From.—If a person is only 
rich enough he can invest his money in bonds or securities, 
which will pay interest, and live on the interest of his money. 
Florida’s schools are not quite rich enough to live on the in¬ 
terest of their investments but they have some money which 
is kept invested. This is called the State School Fund. This 
fund is never spent, only the interest from it is used. It is 
now about one and one-half million dollars and it also has 
lands which some time in the future may make it very rich. 
This fund receives the proceeds of all lands that have been or 
may hereafter be granted to the State by the United States for 
school purposes. The United States granted the i6th section 
of each township of the government lands in the State for 
school purposes, so when the lands in Section i6 of any town¬ 
ship so granted are sold the money goes into the State School 
Fund. The Legislature can also appropriate money to this 
fund and any donation to the State when the purpose is not 
specified goes to it. When any State land is sold one-fourth 
of the proceeds must go into the State School Fund, and it 
also receives the proceeds of escheated property, fines and for¬ 
feitures in some cases, and surplus revenues from the admin¬ 
istration of certain laws. So this fund is getting a little richer 
from time to time. The principal of this fund is invested in 
bonds of the United States, bonds of the States or bonds and 
securities of the counties and cities of this State. The inter¬ 
est is distributed to the counties and used exclusively for the 
support of the public schools. 

The State also levies a tax of one mill on the dollar on all 
property in the State assessed for taxation and the money 
thus collected is likewise distributed to the counties for the 
public schools. Then the counties levy a tax throughout the 


THE EDUCATIONAL SYSTEM OF THE STATE 


81 


county which may be as much as ten mills on the dollar and not 
less than three mills on the dollar, and the money thus raised 
is used for the support of the public schools throughout the 
county. 

Special Tax Districts.—If a part of a county desires 
better school facilities than it can have from its share of the 
money above mentioned, a special tax district may be formed 
and a further tax may be levied and used for the schools in that 
district. Special tax school districts may also issue bonds 
for building school houses and equipping them. Many of 
the special tax school districts of the State have issued 
bonds and with the proceeds have built new and substantial 
school buildings with modern equipment. 

When the citizens in any section of a county vote to create 
a special tax school district of their section they determine 
first the proposed boundaries and petition for an election, and, 
if the petition be in accordance with the law’s requirements, 
the county school board calls the election and gives due notice 
of the same. At this election those qualified to vote within 
the limits of the proposed district, vote on the question of its 
formation, the number of mills special tax and for three trus¬ 
tees. These trustees make recommendations as to the manage¬ 
ment of the schools in the district and how the money is to be 
spent which is raised by the special tax. However, the county 
school board contracts with the teachers and pays their salaries 
and has control of school matters over the entire county. 

Grades and Classes of Schools.—The educational sys¬ 
tem of Florida contemplates that the education of the youth 
shall be uniform and the instruction is classified into grades, 
or the schools are said to be graded. In thinly populated sec¬ 
tions the schools cannot be as carefully graded as in the cities 
or more populous communities because of having possibly 
only one teacher or a very few teachers. In the cities and 


6 


82 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


towns there are enough little tots just ready to begin that a 
teacher can be had for them alone and in such cases they have 
kindergartens for the beginners. 

The graded and grammar schools include from the first 
to eighth grades; and the high schools from the ninth to the 
twelfth. After completing the high school course the student 
is ready to enter college. 

The State maintains for the white students two institu¬ 
tions of higher education with college and university rank. 
These are not co-educational, that is, the boys and girls do 
not attend the same institution. The University of Florida, 
located at Gainesville, is for boys and men; the Florida State 
College for Women is located at Tallahassee. Each of these 
institutions is in itself a group of colleges where the student 
may receive college training in a number of different profes¬ 
sions or trades. 

The negro youth of the State are provided with a well 
equipped college at Tallahassee known as the Florida Agricul¬ 
tural and Mechanical College. 

While the institutions of higher education are more largely 
attended each year, the large majority of the young people 
of the State do not go beyond the high school; so the work 
and facilities in the graded schools are being given very care¬ 
ful attention. 

The Professional Side of the Schools.—The means by 
which to maintain the schools, and also the classification of 
them, have been discussed, now the professional side will be 
taken up. If the school possessed a fine building with mod¬ 
ern equipment yet poor teachers the pupils would suffer 
thereby; so it is important that while the State is expending 
large amounts of money to maintain the schools it should 
require fixed standards of qualifications for teachers so that 
the money will bring value received and so also that the pupil 


THE EDUCATIONAL SYSTEM OF THE STATE 


83 


may have a just and fair opportunity to get the very best 
out of his or her school days. 

The Examination of Teachers.—Teachers, in order to 
teach in the public schools are required first to obtain a certif¬ 
icate. As often as expedient an examination for teachers is 
conducted in each county in the State, these examinations 
being conducted by a commission of three educators appointed 
for that purpose. The successful applicants in these examina¬ 
tions are issued first, second or third grade teacher’s certifi¬ 
cates according to the grade of their examination papers. 
These certificates entitle the holder to teach in the graded or 
grammar schools and are good for from two to five years. 
Some teachers prepare especially to teach certain subjects or 
branches and can take examinations in these branches and, 
if they make the required grade, will be given certificates 
authorizing them to teach those special subjects. 

Teachers who desire to teach the higher grades in high 
schools and in colleges are required to hold State certificates 
or special certificates. State certificates are based on exam¬ 
inations in higher branches than the first, second and third 
grade certificates. Other certificates are also issued. 

Normal Training.—In order that the teaching profes¬ 
sion shall be kept up to high standard, normal training courses 
are maintained in the colleges and special summer normal 
schools are conducted. 

In the colleges and the University students may take the 
regular college courses in the arts and sciences, or courses for 
special trades or professions, such as law, engineering, agricul¬ 
ture, teaching, music and domestic art and science. 

Florida is providing well for the education of its youth. 
Heretofore the attendance upon school has been optional but 
recently the Legislature has made attendance upon school by 
children within certain ages compulsory. Compulsory attend- 


84 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


ance laws are based upon the theory that the State can ill af¬ 
ford to have illiterates among its citizens. It is true that the 
ignorant and illiterate are not so useful as citizens and are 
more likely to become, at some age, public charges upon the 
State. 

Efficiency in Schools.—In these modern times much 
emphasis is placed on efficiency in all undertakings. In so 
great work as educating the youth of the State it is quite im¬ 
portant that efficient teachers be employed, the very best meth¬ 
ods used, the utmost endeavor put forth, the best conditions 
possible be provided in which for teacher and pupil to work 
and upon the whole that the utmost results be obtained in the 
schools. To this end the State provides inspectors for the ru¬ 
ral schools and also the high schools. These inspectors visit 
the schools to see if the high standards prescribed are being 
followed, if the teachers are qualified, if the school buildings 
are comfortable, sanitary and properly equipped. 

The boys and girls of Florida should feel grateful for the 
fine things which have been done to provide them with the 
very best in educational facilities and in turn should resolve 
to make the very best use possible of their time while in school. 
The means to obtain an education is in reach of almost every 
child in the State and the opportunities, which are so much 
better than our forefathers had, should not be wasted. 

The School and the State.—While the boys and girls 
are enjoying these advantages provided for them they should 
not be unmindful of the government which has done so much 
for their benefit. The State protects them, provides for their 
living in healthful and safe communities, furnishes so many 
things for their welfare and gives them the very best school 
advantages. The boys and girls should therefore have great 
love and respect for their State government. Some day it 
will be their duty to take up the responsibilities of supporting, 


THE EDUCATIONAL SYSTEM OF THE STATE 


85 


and possibly aiding in directing, the government of the State 
for the benefit of themselves and their children. 

Educational Extension Work.—The State, with aid from 
the Federal government, carries practical educational work 
right to the homes of the people. Demonstration work in 
home economics and farming is carried on through the educa¬ 
tional system with much benefit to the people. 

Questions on Chapter Thirteen 

1. Why is educating the youth of the State an important duty of 
the government? 

2. What does the Constitution say about providing for public free 
schools? 

3. How does it say they shall be maintained? 

4. What can you say of our public schools at the time the present 
Constitution was adopted? 

5. What can you say of the State School Fund? 

6. How is it added to from time to time? 

7. From what other source do school funds or moneys come? 

8. What can you say of the formation of a special tax school dis¬ 
trict? How have many of the school houses been built and furnished? 

9. How is uniformity in the school work of the State maintained? 

10. Where are our institutions of higher education located and 
what are they named? 

11. What can you say of the method of providing qualified teach¬ 
ers for the public schools? 

12. What provision is made for maintaining a high standard for 
the qualification of teachers? 

13. Do you think compulsory attendance in schools a good plan? 
Why? 

14. What can you say of efficiency in the schools and methods pro¬ 
vided for maintaining it? 

15. Are the present day facilities for gaining an education better 
than our forefathers had? 

16. What can you say of the relationship of the schools and the 
State? 


86 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER XIV 

The Militia and the Military Establishment 

Who Constitute the Militia.—The militia include every 
male inhabitant of the State who is a citizen or who 
has declared his intention to become a citizen of the United 
States, between the ages of eighteen and forty-five years, and 
none will be exempt from military service on account of re¬ 
ligious creed. Provision is made by law for exemptions under 
certain conditions to clerg}"men, teachers and certain public 
officials. Some speak of the soldiers or members of military 
organizations as “militia,” and some, therefore, have the idea 
that only those who belong to some such military organiza¬ 
tion are members of the militia, but this is an erroneous idea; 
the militia are those in the State subject to be called into the 
militar}^ service of the State or of the United States. 

It will be noted that none are exempted on account of re¬ 
ligious creed. If a man should be exempted from military 
service for such reason, all those who desired to avoid serv¬ 
ing their State or Nation in time of need, could do so by es¬ 
pousing the creed which would exempt them. The Quaker’s 
creed does not sanction going to war, and while the true 
Quaker is sincere in his belief, yet if all Quakers were exempted 
from military service, it is likely that cowards would turn 
Quakers in time of war. 

Another idea is presented here for the student’s thought. 
Since the “common defense” is one of the primal objects of 
government, the largest possible number of the citizenry should 
be subject to the government’s call when needed for the com¬ 
mon defense. 

The Military Establishment.—The organized militia 
compose the military establishment in time of peace, so far as 


THE MILITIA AND THE MILITARY ESTABLISHMENT 87 


the State is concerned. For many years the enlisted members 
of the organized militia in our State were known as the Flor¬ 
ida State Troops, but a few years ago the National govern¬ 
ment began a policy of supplying the State military organiza¬ 
tions and aiding in their training with a view to making them 
more quickly available as trained soldiers in time of war or 
other urgent need. They have since that time, in all the States, 
been known as the National Guard, and have been subject to 
the call of the National government. 

The organized militia or National Guard of Florida, under 
the present law, consists of one regiment of infantry, and sev¬ 
eral special service companies. 

The head of the military establishment, nominally, is the 
Governor, who is commander-in-chief, but at the head ac¬ 
tively is the Adjutant General. He devotes his time to looking 
after the details of the organization and the maintenance, 
equipping and drilling of the various commands. 

Martial Law.—The military companies have proven a 
valuable aid in times of unusual conditions or calamities within 
the State. If a city should be laid waste by fire or flood and 
the orderly affairs of the community be suddenly thrown into 
disorder and chaos, the militia are called out and maintain a 
military order of government until the civil government can 
be again organized and restored. Sometimes riots may break 
out and suddenly become so serious as to be beyond the control 
of the local civil authorities. The militia are called to restore 
order in such cases. When a city, or any locality, has to be 
placed entirely in the control of the militia, and the civil gov¬ 
ernment in the locality is entirely suspended because of the ex¬ 
treme conditions, martial law is declared and the city or lo¬ 
cality is then governed by the military authorities according 
to the strict and exacting rules of military government. The 
law in the locality concerned, for the time being, is such orders 


88 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


and rules as may be issued by the military officer in com¬ 
mand. Offenders or violators of those laws are speedily tried 
by courts-martial which are military courts. The military 
power, when invoked, is effective because its forces are or¬ 
ganized and trained and are able speedily to enforce its rules 
and regulations. 

Drafting for Military Service.—Enlistment in the or¬ 
ganized militia is voluntary and since the Civil War military 
service in the organized militia of the States and in the army 
of the United States was voluntary until the United States en¬ 
tered the great world war when the development of conditions 
which made necessary a quick change from a state of peace 
to actual warfare caused the congress to enact a compulsory 
service law. 

When one subject to or able for military duty offers, of his 
own accord, to enlist and perform the active military service 
he is a volunteer; if he is compelled by his government to per¬ 
form the service, he is said to be selected or drafted. In the 
event of war, volunteers are first called for and many of the 
citizens able to perform military duty will volunteer as they 
see they are needed. The patriotic citizen realizes that he 
owes his country and his government all he possesses, even 
his life if necessary, when the public safety is imperiled and 
the State or Nation attacked. 

A State does not have the authority or power to declare 
war or begin hostilities independent of the National govern¬ 
ment, unless invaded or in immediate danger. 

The Adjutant General, who is the active head of the or¬ 
ganized militia, gives his entire time to the office and re¬ 
ceives a stated annual salary. He has headquarters at the 
State Arsenal. The officers and enlisted men of the National 
Guard receive regular pay while on encampments or when 


THE MILITIA AND THE MILITARY ESTABLISHMENT 89 


called into the service of the State or the United States, and 
now also receive a small compensation for attending drills. 

Questions on Chapter Fourteen 

1. Of whom does the militia consist? 

2. Does a man’s creed or religious belief exempt him from military 
duty? 

3. Who composes the military establishment of the State in time 
of peace? 

4. What is the object of training the organized militia in time of 
peace? 

5. Who is the Commander-in-Chief of the militia as a whole? 

6. Who is actively at the head of the military establishment? 

7. Upon what occasions, other than war, are organized military 
companies needed? 

8. What is martial law? 

9. Can the government require a person able to do military duty to 
perform that service? 

10. What can you say of volunteer service when the nation is at 
war? 

11. Can a state declare war? If so, when? 

12. Do the members of the National Guard receive pay? 

Question for Debate 

Resolved; That a limited standing army for the nation and a well 
trained National Guard in each state, is a better plan than universal mil¬ 
itary training. 


90 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER XV 
The Prison System 

State Prisoners.—Those who break the laws of the 
State are, after trial and conviction, sentenced to pay a fine or 
serve in prison. If the offense of which the person has been 
convicted be a felony, he may be sentenced to serve a term 
in the State prison. For many years, Florida had no actual 
State prison, but leased or hired out all State prisoners to per¬ 
sons or companies who would guard, clothe, feed and otherwise 
care for them, working those able to labor, and paying the 
State some price agreed on at the time the contract was made. 
Prisoners when turned over to these lessees were subject to 
the inspection of State officers and were said to be in the State 
prison. 

These lessees, of course, wanted to get all the ‘work possible 
out of the prisoners, and abuses would creep in. So the system 
of letting out the prisoners for hire, the contracts being made 
with the highest bidder, came into public disfavor. The pol¬ 
icy of subjecting even a criminal undergoing punishment to 
be driven to the limit of his endurance for mercenary motives, 
was contrary to the enlightened and modern idea of the treat¬ 
ment of prisoners; so the “lease system” was abolished. The 
abolition of it was gradual because it was necessary to pro¬ 
vide some place where the State could keep them, and some 
time was required to establish and fully equip such place and 
provide for the prisoners to have some work to perform. A 
State Prison Farm has been provided and is the State Prison 
headquarters. More than half of the State prisoners are now 
kept at this State Farm. The able bodied men are worked 
on the State roads. The maintenance of public roads being 
a function of government, either State or county, the sugges- 


THE PRISON SYSTEM 


91 


tion to place the convicts at road building met with no partic¬ 
ular opposition. 

Reforms in Prison Management.—Prison management, 
while only an incidental function of government, is one which 
by no means should be neglected. In many states prison re¬ 
forms have been the occasion of much legislation and pub¬ 
licity. Florida’s prison system, while never as bad as some, 
has been greatly improved in recent years and the Prison 
Farm previously mentioned is a model one. It has one general 
superintendent, a head physician and a number of guards and 
watchmen. Those prisoners whose conduct for a considerable 
time is found exemplary are made trusties by the superintend' 
ent and except for the stripes they wear they go about their 
work as though they were not convicts. 

All State prisoners are required to wear suits made of wide 
black and white striped cloth. This cloth is made especially 
for use in convict suits and, therefore, if a convict escapes 
from prison, he can easily be detected as a prisoner by his 
clothes until he has an opportunity to get others and change. 
Some prison reformers have objected to the use of striped 
suits for the prisoners, stating as a reason that the wearing 
of such clothes was a constant humiliation to the prisoner and 
kept him broken in spirit. This idea is possibly an extreme 
one in prison reform, for while modern prison systems in¬ 
clude the purpose of reforming criminals where possible, yet 
the main purpose of a prison is a place of punishment, for some 
people would have no respect for the law or the rights of 
others were it not for the fear of punishment. While this is 
true, yet such punishment should never be brutal or inhuman, 
but should be only such as would result in the penitence of the 
prisoner, causing him to have respect for the law and reform¬ 
ing him from any criminal tendencies he might possess. 


92 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


The State Reform Schools.—The State Constitution 
provides not only for a State prison but also that “Provision 
may be made by law for the establishment and maintenance of 
a house of refuge for juvenile offenders * * Under this 
authority the Legislature has established two reformatories, 
one for boys at Marianna and one for girls at Ocala. It is 
the purpose of these two schools or reformatories to care for 
and make better boys and better girls of those of immature 
age who have become incorrigible or broken the laws of the 
State and have become a menace to society. 

By proper care and training many of these boys and girls 
see the error of their ways and are reformed from their evil 
habits and tendencies thereby developing into good citizens in¬ 
stead of criminals and social outcasts. 

County and City Prisons.—The counties maintain jails 
or prisons for those who have been tried in the county courts, 
county judges’ courts or justice courts and convicted of mis¬ 
demeanors or minor offenses. The prisoners who are sen¬ 
tenced to serve terms of imprisonment in the county jails are 
in the custody of the sheriff who clothes and feeds them. Un¬ 
der orders of the county commissioners county prisoners are 
employed, when their physical condition permits, on county 
roads or on any public work of the county in which the com¬ 
missioners may desire to use them. 

Cities and incorporated town likewise maintain prisons or 
jails for offenders against their laws and ordinances. The 
term for which such persons are imprisoned is usually short 
as the offenses are not so grave as those over which county 
and State courts have jurisdiction. In addition to being con¬ 
fined in prison offenders against city or town ordinances are 
also sometimes emplo3xd at some labor for the city, such as 
work on the streets. 


THE PRISON SYSTEM 


93 


Questions on Chapter Fifteen 

1. What are the modes of punishment for those who break the law? 

2. In past years how were the State prisoners handled? 

3. What were the objections to hiring out the prisoners? 

4. What kind of State prison have we now? 

5. What kind of clothing or garb do prisoners wear? Why do some 
prison reformers object to this kind of garb? Do you think their objec¬ 
tion well founded? 

6. What is the main purpose of a prison? 

7. What provision is made for the correction of juvenile prisoners 
or offenders against the law? Where are these places located? 

8. What is the county prison called? 

9. What official has charge of county prisoners? 

10. County prisoners are engaged usually in what kind of work? 

11. Do cities and towns also have prisoners? 

12. What work is sometimes given them to do? 

Question for Debate 

Resolved, That a sentence to prison should be more for the purpose 
of reforming the prisoner than for punishment. 


94 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER XVI 
The County Government 

The Principal Political Subdivisions of the State.—The 
main governmental divisions of the State are the counties. 
There are other divisions or districts which include more or 
less territory than one county, but the county is the main sub¬ 
division from the standpoint of the administrative department 
of the State government. It is said to be the political unit, as 
it is not only the main subdivision in the administrative de¬ 
partment, but is also the basic unit for circuits or districts in 
the judicial and legislative departments. 

The number of counties is variable, as the Legislature has 
the power to create new counties by division or changing of 
boundary lines of several counties. A number of new coun¬ 
ties have been created since the Constitution of 1885 was 
adopted. 

New Counties.—When new counties are created, the 
new county must take over its share of the debts or liabilities 
from the old county or counties from which it was created. 
These liabilities are divided pro rata according to assessed 
value of property, both real and personal. 

The city or town at which the principal governmental af¬ 
fairs of a county are conducted is called the county seat. When 
a new county is formed, the county seat may be temporarily 
established by the Legislature, but the Legislature has no 
power to change a county seat. When the people of a county 
desire to change the location of the county seat from one city 
or town to another, they petition for an election which, if the 
petition is sufficient, is called by the county commissioners. 
The city or town receiving a majority of all the votes cast 
at such election, is the county seat. If there be more than two 


THE COUNTY GOVERNMENT 


95 


places voted for, and no one of them receives a majority of the 
votes cast, then another election is held at which only the two 
places receiving the highest and next highest number of votes 
shall be voted for, and of these two places, the one receiving 
the majority of the votes cast is declared the county seat. It 
then remains the county seat for the next ten years (in counties 
having only a frame courthouse this does not apply). 

The county government derives all its powers from the 
State government, either from the Constitution or from leg¬ 
islative enactments, and the Legislature provides by law for a 
uniform system of government in the counties. 

The County Officers.—The counties are divided into 
five commissioner’s districts and a county commissioner elected 
from each district. These five county commissioners attend 
to the affairs of the county generally, and are particularly 
charged with looking after the public roads and bridges, the 
paupers, the care of county property, levying county tax mill- 
age, details of holding elections, paying all bills against the 
county (but not school expenses), care and working of county 
convicts and supervision of the finances, records, etc., of 
the county. The commissioners receive a per diem for their 
services and mileage for distance traveled in going to and from 
meetings. They hold regular stated meetings, usually once 
each month, and special meetings when necessary. A county 
should have men of sound business judgment on its Board of 
County Commissioners. 

The County Judge.—This official is a court officer and 
administrative officer. He holds court for the trial of cer¬ 
tain cases (his jurisdiction as to cases is discussed in another 
chapter), and performs various other duties which are pre¬ 
scribed by the Legislature, such as the issuance of marriage 
licenses, countersigning occupational licenses and making re- 


96 GRAY’S CIVIL GOVERNMENT OF FLORIDA 

ports of the same, issuing and collecting for hunting licenses, 
etc. 

The Sheriff.—The executive or police officer of the 
county is called the sheriff. He is not a judicial officer, but 
is an officer of the court in executing its orders and seeing 
that its mandates are enforced. He is particularly charged 
with the detection and arrest of violators of the law, and when 
prisoners are under arrest awaiting trial, or after conviction 
are sentenced to jail, he is charged with their safe keeping 
and care, and is, therefore custodian of the county jail. The 
sheriff is expected to see that quiet and order prevail and to 
quell any riots or disturbances of the peace. In order to carry 
on his regular work, he is authorized to appoint deputies who 
are required to give bond. In the case of unusual or neces¬ 
sitous circumstances, the sheriff may call upon any citizens 
to assist him in maintaining order or arresting violators of 
the law. 

The Clerk of the Circuit Court.—This official is one 
of the busiest of the county officers. At least his office is 
among the most important from the standpoint of work which 
the law places in his charge. He is, as the name implies, the 
Clerk of the Circuit Court, and besides keeping its minutes 
and records while in session, he also keeps all papers and rec¬ 
ords filed from time to time in the cases which come up for 
hearings before the Judge. In addition to being Clerk of the 
Circuit Court, he is clerk of the board of county commission¬ 
ers, and ex officio county auditor. In his office are recorded 
deeds, mortgages, plats and maps of lands, judgments, etc., 
and also the records of lands sold for taxes and other records 
pertaining to real estate. 

As clerk of the county commissioners, he keeps the min¬ 
utes of that board, and a record of their financial transactions. 
He keeps the financial accounts of the county, and as ex 


THE COUNTY GOVERNMENT 


97 


officio county auditor, checks up all officials of the county 
who in any wise handle public funds. He has many clerical 
duties to perform in connection with the preparation for elec¬ 
tions, and the many details of the county government. He is 
also clerk of the county court in counties where such court has 
been established. 

The Tax Assessor.—In each county the County Tax As¬ 
sessor is the official who prepares and places in a book a list 
of all the taxable property in a county, both real* * and per¬ 
sonal, with the owner’s name and the assessed value of the 
property. After the tax millage, or rate of taxation is de¬ 
termined, and he is notified of the same he calculates and en¬ 
ters on the tax book the amount of taxes, both State and 
county, due on all the property listed in the tax books and 
makes three copies of the completed book. One of these he 
delivers to the Tax Collector with instructions to collect the 
taxes assessed therein, another copy is delivered to the Clerk 
of the Circuit Court as one of the public records of the county, 
and the third copy is sent to the State Comptroller and filed 
with the State records. The taxes assessed by the county tax 
assessor are only those levied for the State, county or special 
district of a county, and which are collected on an ad valorem^ 
basis. He assesses poll taxes, however, which are assessed 
as a per capita‘s tax, instead of ad valorem. 

Collecting the Taxes.—The Tax Collector of the county 
upon receiving the tax assessment books, proceeds, at the 
proper time, to collect the taxes as assessed, and also collects 
occupational license taxes. The Tax Collector remits monthly, 
or oftener, to the State Treasurer for all State taxes collected. 


•Real property or real estate is land with any fixtures^ or improvements thereon 
not easily movable. Personal property is movaole, and includes all property not 
classed as real. 

*Ad valorem means according to the value. 

*A per capita tax is one “by the head” or on the individual. 


7 



GRAY’S CIVIL GOVERNMENT OF FLORIDA 


and to the county depositories for the county and district 
taxes collected. He does not have anything to do with the 
taxes of the cities or towns. 

At the time for the tax book to be closed, the tax collector 
proceeds to make up a list of lands on which the taxes have 
not been paid, and, after advertising the sale, proceeeds to sell 
the land for the taxes due. Any personal property on which 
the tax has not been paid, may be seized and sold for the taxes. 

The County Superintendent of Public Instruction.— 
The chief school officer of the county is called the County 
Superintendent of Public Instruction. He has supervision over 
the public schools of the county, and is clerk or secretary of 
the County Board of Public Instruction. He keeps the school 
records of the county, including the school financial records 
and accounts. He also visits and inspects the schools. 

The County Commissioners.—The affairs of a county, 
not made specifically the duty of some county officer come 
before the Board of County Commissioners. As before men¬ 
tioned, there are five members of this board, each being from 
a different district of the county, and they might be termed 
the board of managers for the county in its governmental 
affairs. They have particular jurisdiction over roads and 
bridges, and other special duties mentioned elsewhere in this 
chapter. 

The Board of Public Instruction.—The general man¬ 
agers or directors of the school affairs of the county are known 
as the County School Board or Board of Public Instruction. 
They meet in regular session at least once each month, and 
oftener if necessary, and it is within their province to assign 
teachers, determine the length of term a school shall be taught, 
where the school shall be located, the kind of schoolhouse to 
be built, the number of teachers, etc. While the county board 


THE COUNTY GOVERNMENT 


99 


has this power, they usually permit the local trustees or the 
people of a community to settle many of these questions for 
themselves. This is especially true in the rural communities 
with reference to selecting the site for a school and the teacher 
or teachers to teach in the community. In the cities, the board 
of trustees of the school district make recommendations to the 
county board regarding most of the school affairs of the city 
or district, and these, as a rule, are adopted by the county 
board. The County Board of Public Instruction is composed 
of three members. 

Other County Officials.—The supervisor of registra¬ 
tion keeps the records of the registered electors and provides, 
at the proper time, for the registration of new voters, and 
furnishes lists to election inspectors of those who have qual¬ 
ified by the payment of poll taxes. 

The county surveyor when called upon makes surveys of 
land for individuals for which he is paid a per diem by the 
party for whom the survey is made. 

There is also the county game and fish warden, and in 
some counties there are timber and lumber inspectors, also in¬ 
spectors of marks and brands, pilot commissioners, harbor 
masters, etc. 

Most communities have a justice of the peace and his con¬ 
stable who are a part of the judicial system and will be men¬ 
tioned in that connection. 

Public Roads.—No sooner does a community get its 
first settlers than it becomes necessary to provide roads for the 
public to travel. As the population increases the travel in¬ 
creases ; and its increase also follows the invention of new and 
improved means of travel. Since the coming of the automo¬ 
bile, the public road question has become an almost paramount 
one in the county government. Until very recently, maintain¬ 
ing roads has been exclusively a county matter and under the 


100 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


jurisdiction of the county commissioners. In some counties 
there has been built quite a system of hard surfaced roads. 
In other counties certain districts have formed a special tax 
road district, and improved the roads in the district by a spe¬ 
cial tax or by the proceeds of bond issues. 

The variety of opinions in the several counties as to the 
best kind of hard surfaced roads to be built, and the mistakes 
made by the county commissioners in some counties have given 
rise to the policy of State supervision of public roads, espec¬ 
ially the main highways, and some progress has been made 
along that line. Also the national government has been in¬ 
duced to lend aid in road building, one of the theories upon 
which this is done being that the rural mail carriers have to 
use the public roads and therefore the national government 
may very properly render aid. 

The system of roads was once largely a community affair, 
then a county function, and is now fast becoming a State 
and National function of government. Many of the coun¬ 
ties have issued bonds to raise the money for building hard 
roads, as well as for other improvements. These public im¬ 
provement bonds are payable in the future, some thirty, forty 
or even fifty years after date, and a special annual tax on 
all the property within the territory bonded is levied to meet 
the interest and the principal when due. 

Looking After the Poor.—The paupers of the county 
are usually taken care of or are materially assisted by the 
county commissioners. In some counties a poor house or 
poor farm is maintained, while in others, the paupers are 
compelled to find some abode, but the county contributes 
monthly small amounts to assist in maintaining them. The 
State Constitution authorizes specifically such action in the 
following language: “The respective counties of the State 
shall provide in the manner prescribed by law for those of the 


THE COUNTY GOVERNMENT 


101 


inhabitants that by reason of age, infirmity or misfortune, 
may have claims upon the aid and sympathy of society.” 

The county commissioners, with aid from the State, also 
in most of the counties maintain canning club agents for the 
girl’s canning clubs and farm demonstration agents for the 
boys’ corn clubs and pig clubs and for general effort to im¬ 
prove conditions in rural communities. The federal gov¬ 
ernment also aids in this work. 

To the resident of the country districts the county govern¬ 
ment is the part of the general governmental system with 
which he comes in most direct contact. The resident of the 
city comes in closer touch with the city or municipal govern¬ 
ment than with the county or State officials. 

The office of county treasurer has been abolished recently, 
and the county’s funds are deposited in banks, for the safe¬ 
keeping of which the banks give bond. 

Questions on Chapter Sixteen 

1. What are the main political or governmental subdivisions of the 
State called? 

2. Is it the unit of government in the judicial and legislative de¬ 
partments also? 

3. May the number of counties be changed? If so by what au¬ 
thority? 

4. How many counties has Florida at this time? 

5. Suppose a county should be divided which had bond issues out¬ 
standing, which county would pay the bonds? 

6. How would the share of each be determined? 

7. What is the city or town called at which the main county busi¬ 
ness is conducted? 

8. From what source does the county government derive its powers? 

9. Name some duties of the county commissioners. 

10. How many members compose the Board of County Commis¬ 
sioners? Could they all reside in one city or town? 

11. Give some of the duties of the county judge. 

12. What are the principal duties of the sheriff? 


102 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


13. Discuss the office of the Clerk of the Circuit Court. 

14. Give the method of assessing taxes. 

15. What is an ad valorem tax? A per capita or poll tax? 

16. How does the tax collector enforce payment on lands and per¬ 
sonal property? 

17. What are the chief duties of the County Superintendent of Pub¬ 
lic Instruction? Of the County Board of Public Instruction? 

18 What can you say of public roads with reference to the county 
government? 

19 What does the Constitution say regarding the counties aiding 
the poor? 

20. With what part of the government does the resident of the 
rural district come in closest touch? The resident of the city? 


CITIES AND TOWNS 


103 


CHAPTER XVII 
Cities and Towns 

Municipalities.—A city or town that has a government 
of its own, before it can establish and maintain such govern¬ 
ment, must be incorporated. There are two methods of in¬ 
corporating both of which derive authority, however, direct 
from the State Legislature. There is a general law under 
which a community may, at any time the conditions can be 
met, become incorporated by complying with certain require¬ 
ments. Then when the Legislature is in session it may pass 
a law for the special purpose of incorporating some particu¬ 
lar town or city. Cities and towns may have changes made in 
their charters in the same way. 

Municipal Charters.—The charter of a city or town is 
a grant of authority from the Legislature to establish and 
maintain a municipal government over the prescribed area 
within the limits of the city or town. This charter is a sort 
of constitution to the city or town, for it can exercise no au¬ 
thority except such as may be granted it by the Legislature. 
The government of a city or town depends a great deal on 
its size as to how simple or how complex it may be. Large 
cities usually have a government as complex as that of a State, 
and as varied as to questions with which it deals. 

Two forms of government for cities are now in common 
use, and we find examples of each kind in Florida. One is 
the old style, providing for a Mayor and executive depart¬ 
ment, a council or board of aldermen comprising the legisla¬ 
tive department, and the municipal court, and in addition to 
these, many departments such as the sanitary department, 
health department, police department, etc. The second form is 
what is known as the Commission form and differs from the 


104 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


old form mainly in that the governmental authority is central¬ 
ized and placed in the hands of a very few men—usually 
three to five—who are called commissioners. These commis¬ 
sioners have full power to administer the city’s affairs. In 
the old form, which is in vogue in most of the cities and towns 
of Florida, the Mayor is the chief executive and looks after 
enforcing the city’s laws. The laws of the city are called or¬ 
dinances, and are passed by the city council or board of al¬ 
dermen or city commission, in somewhat the same manner as 
a bill is passed by the State Legislature. 

In the other or new form the commissioners usually divide 
up the work among themselves, each taking certain parts of the 
city government for his special care. In some cities where 
the commission form is in use the commissioners designate 
either one of their own number or employ some person who 
possesses experience and especial qualifications for the work 
of city government to devote his entire time to supervising 
the governmental affairs of the city. 

Since the constitution makes no requirement that city or 
town governments be uniform there is a wide variety in use 
in the State, almost every city or town having a different 
kind of charter. We may note from this how widely people 
differ in their ideas of government. Though the cities and 
towns have many differences in the details of their govern¬ 
mental affairs, the general divisions of government appear 
in all—that is the legislative, executive and judicial. 

The Lawmaking Department.—The legislative func¬ 
tion in the government of a city or town is vested in a body 
known as the city council, the board of aldermen or the city 
commissioners. The laws they make for the city are usually 
termed ordinances. These ordinances must be in conformity 
to the grants of power from the Legislature as contained in 
the city charter. 


CITIES AND TOWNS 


105 


The Executive Department.—The chief executive of¬ 
ficer of a city or town is called the Mayor. In some munic¬ 
ipalities the executive and judicial functions are both vested 
in the Mayor, but usually the Mayor is mainly concerned with 
the executive or law enforcing duty. 

To enforce its ordinances the city provides policemen (in 
smaller towns a marshal performs this duty), and the police 
department is one of the most important parts of a city’s gov¬ 
ernment. With the people living in so much closer proximity, 
the traffic being so much heavier, and the need for order and 
rules of conduct more strictly enforced than in the thinly 
populated sections, the police of a city are indispensible. They 
direct the traffic so that there is reasonable dispatch in mov¬ 
ing to and fro notwithstanding the crowds and the variety 
of vehicles as well as pedestrians moving in each direction. 
They see that order is observed and arrest any one appre¬ 
hended in violating the city’s ordinances, or in any way dis¬ 
turbing the peace. 

The fire department of a city is another important one. 
The houses being close together, if one house should catch 
fire it might endanger the whole city, so the firemen, equipped 
with apparatus for fighting fire, respond to the fire alarm and 
put out the fire as quickly as possible to save the property 
burning and to protect other property from catching fire. Small 
towns usually have only a volunteer fire department, that is, 
its members are not paid to give their time to it but respond 
to the fire alarm and render such aid as possible when a fire 
occurs. In larger cities the fire department consists of a num¬ 
ber of men who are paid regular salaries and who remain on 
duty at the fire station ready instantly to respond to a call 
or alarm. The fire fighting apparatus consists of hose 
through which the streams of water are pumped on the fire, 
a motor truck or one drawn by horses to carry the men, lad¬ 
ders for climbing to upper stories, and hooks, axes, etc., and 


106 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


if the city be a large one there is a portable engine for pump¬ 
ing direct pressure and throwing the streams of water with 
great force. 

The Sanitary Department has the work of keeping the 
city clean. Its employes sweep the streets, clean out sewers, 
and see that the trash and refuse are disposed of, and the 
premises of the homes, vacant lots, etc., harbor no unhealthy 
conditions. 

The Judicial Department of the City.—The municipal 
court of the smaller cities and towns is usually presided over 
by the Mayor who determines if those arrested and brought 
before him are guilty, and if so, places the fine or sentence of 
imprisonment upon them. The offenses of which a city court 
has jurisdiction are not such as merit severe punishment, and 
the fines imposed usually are small or the prison sentence of 
short duration. In the larger cities the number of offenders 
brought up for trial require more attention than the Mayor 
would be able to give, so there is a municipal judge to preside 
over the city court. 

Trials in the city courts are usually disposed of more 
quickly than in the county or State courts. Whether with 
as exact justice or not, they are not attended with as much 
rules of procedure or other delays. 

The City Finances.—The city government has its fi¬ 
nancial side, of course, for the salaries of officials and other 
expense of administration must be paid. The city levies and 
collects taxes including licenses of various kinds and thus ob¬ 
tains its revenues. To look after the finances, the city has a 
tax assessor, tax collector, a clerk and a treasurer. Unless 
the city be one of the largest size, two or more of these of¬ 
fices are sometimes combined and held by one person to save 
expense. 


CITIES AND TOWNS 


107 


Public Conveniences.—Cities have certain conveniences 
according to their size, not found in the small towns or coun¬ 
try districts, among these being street cars, electric lights, gas 
for lighting and heating and water works. These are public 
utilities and some cities own and operate their plants for these 
purposes, charging the users for the service furnished. In 
these larger cities, one of the questions usually discussed is 
whether it is more economical for the city to own and operate 
these public utilities or grant franchises to corporations or in¬ 
dividuals for this purpose. 

The modern idea in city government is not only to give 
police protection and the city conveniences, but also to give 
to the people, including the children, every possible facility for 
adding to their comforts and pleasure. Hence, parks and city 
play grounds are maintained and other means are found for 
adding to the safety, comfort, health and happiness of those 
who live within its limits. Where the people are crowded to¬ 
gether in their living conditions and working conditions as 
they are in cities, their relationship one to the other and in¬ 
dividuals to the group, become more complicated and so the 
governmental activities of large cities are extensive and com¬ 
plex. But through it all run the fundamental principles of 
government, safety and the common welfare. 

Questions on Chapter Seventeen 

1. What is necessary before a city or town may have a municipal 
government ? 

2. What two methods are followed in securing charters for cities 
and towns? 

3. What two forms of municipal government are now in use? 

4. Discuss the main difference in the commission form and the al- 
dermanic or council form. 

5. How are the laws of a city or town enacted? What are they 
called ? 


108 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


6. Do all the cities and towns have the same form of charter? 

7. Who is the chief executive officer of a city or town? 

8. Who assist him in enforcing the ordinances and maintaining 
order? 

9. What are some of the duties of the police in a city? 

10. Why should a city maintain a fire department? 

11. What official exercises the judicial function in cities and towns? 

12. What are the public utility plants found in the larger cities? 

13. Are they owned by the city or town? 

14. ■ What does the more modern idea of city government include in 
addition to protection of the citizens and their property? 


THE JUDICIAL DEPARTMENT 


109 


CHAPTER XVIIL 
The Judicial Department 

Interpreting the Law.—In the chapter dealing with 
the three divisions of government (Chapter VI), a diagram 
was given of the main divisions of the Judicial Department. 
Mention has been made that this department’s chief func¬ 
tion is interpreting the law, or stating what is the law, 
when a question arises. The lower courts of the Judicial De¬ 
partments, or those which have original jurisdiction, are tri¬ 
bunals of justice in which trials are had of those charged with 
crimes, and also trials are had of causes where personal or 
property rights are in question. 

A discussion of the Judicial Department must of necessity, 
in a book of this kind, be limited to its elementary functions, 
and the elemental ideas of government as they are evidenced 
in the workings of this department. 

The Supreme Court.—The highest court of the State 
is called the Supreme Court, and it is the final arbiter of all 
legal matters in which no federal question is involved. It is 
composed of not more than six justices (at this time the num¬ 
ber is five), one of whom is chosen by lot as chief justice. 
A justice of the Supreme Court must be at least twenty-five 
years of age and an attorney-at-law. Supreme Court justices 
are elected by the people and are usually men who have at¬ 
tained high standing in their profession. They hold office 
for six years. This court has appellate jurisdiction in all 
cases at law and in equity, and also in the more important 
criminal cases originating in the lower courts. 

Its most important work, at least from the standpoint of 
the demand upon its time, is the review of the cases appealed 
from the lower courts. However, there are two other distinct 


110 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


functions it performs that are far reaching in their effects and 
of no small importance in our governmental system. These 
two are: (i) The review of acts of the Legislature upon the 
question of their constitutionality, and (2) the enforcement 
of statutory and constitutional limitations upon the executive 
department. 

If the Legislature should pass a law which was not in ac¬ 
cord with the Constitution, and the law be brought to a test 
before the Supreme Court, it will be declared unconstitutional, 
and therefore null and void. Also, if the Chief Executive 
or other officers of the executive department undertook to 
exceed their authority as limited by the Constitution or stat¬ 
ute, such acts could be brought before this court for review. 
So this function of the court is a check on both the legislative 
and executive departments. 

The people have sometimes exhibited impatience, that is 
to say a portion of the people, when the court has exercised 
this power, but it is a very wholesome one and is vested in the 
judicial department for the safety and protection of our gov¬ 
ernmental system and the rights of the people. One eminent 
authority* says that the State courts “originally used their 
judicial veto principally to protect their own constitutional 
rights; they now use it largely to condemn the fruits of in¬ 
correct legislative procedure and to maintain the integrity of 
‘due process of law.’ ” The Florida Supreme Court is very 
reluctant, however, to declare null and void any act of the 
State Legislature and seldom exercises this power of veto, 
except the act of the Legislature be plainly unconstitutional. 

How Its Powers Are Exercised. — The power to issue 
writs such as the writs of mandamus, certiorari, prohibition, 
quo warranto and habeas corpus is conferred upon the court 
that it may freely exercise its jurisdiction. When some of- 


*Holcombe’s State Government in the United States. 



THE JUDICIAL DEPARTMENT 


111 


ficial or person is failing to do what should be done to con¬ 
form to the law or the Constitution, the court can compel 
performance by the writ of mandamus (we order) ; when 
something is about to be done by an inferior court which ought 
not to be, the writ of prohibition applies; when a person oc¬ 
cupies an official position or is performing offu:ial acts which 
he has no legal right to perform, or his right is questioned 
to hold the office, the writ of quo warranto (by what author¬ 
ity) applies. 

The terms of the court are held twice each year and the 
court is in session almost continuously during the year. The 
court sits at the capital but not in the capitol building; a com¬ 
modious building near by being devoted mainly to their use. 

Cases on appeal to this court are usually argued by the at¬ 
torneys through written arguments called “briefs.” Some¬ 
times an attorney desires to argue his case orally, in which 
event at an appointed time (now each Tuesday and Wednes¬ 
day) the justices assemble on the “bench” for the hearing. 

The Decisions of the Court.—Cases appealed and im¬ 
portant judicial determinations are carefully considered and 
the opinions of the justices are carefully prepared. Usually 
one of the justices prepares the “decision” and the others, 
after considering the same, either concur with or dissent 
from the opinion. A majority of the justices control' in a 
decision. When a question has been once decided by a 
court, it becomes a precedent, and is ordinarily followed by 
that court arrtl inferior courts in all subsequent decisions on 
the same question. This custom or rule is called the rule of 
stare decisis or previous decision. The opinions of the court 
are printed and bound in convenient volumes and become a 
part of the law of the land. 

The Circuit Courts.—Next in order in the judicial sys¬ 
tem come the circuit courts. The State is divided into as many 


112 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


judicial circuits as the Legislature deems necessary. At this 
time there are sixteen; from one to five or six counties com¬ 
posing a judicial circuit. There is a circuit judge and a State 
attorney for each circuit, and they hold terms of the Circuit 
Court at least twice each year in each county in their circuit. 
In each county there is a clerk of the Circuit Court, and a sher¬ 
iff, for assisting in conducting the business of the court. 

The Circuit Judges must reside in their circuits, and are 
appointed’by the Governor, by and with the consent of the Sen¬ 
ate, for a term of six years. The State Attorney is likewise 
appointed, but for four years. 

Other Courts of the Judicial Department.—Criminal 
Courts of Record are established in some of the counties, and 
in these, most of the criminal cases arising in the county are 
tried. Crimes for which the death penalty may be imposed 
can only be tried in the Circuit Courts. There is a judge and 
a solicitor for the criminal court and usually four terms are 
held each year. 

County Courts are established in some counties. Their 
jurisdiction is not so extensive as the Criminal Courts of Rec¬ 
ord or Circuit Courts. The County Judge is judge of the 
County Court, and the clerk of the Circuit Court is ex officio 
its clerk. 

The County Judge’s Court is held by the County Judge 
in each county, and is the court in which most of the smaller 
offenses are tried. He is also judge of probate. As such 
he is the officer who probates or proves wills, l6oks after the 
estates of deceased persons, issues letters of administration, 
supervises the property interests of minor heirs, etc. 

Justices of the Peace are the smallest of the courts and 
have limited jurisdiction. Each county is divided into at least 
two justice peace districts; most counties having a half dozen 
or more. Their function is to try the petty offenses occur- 


THE JUDICIAL DEPARTMENT 


113 


ring in their district, and determine civil causes wherein the 
amounts involved are small. 

Questions on Chapter Eighteen 

1. What is the chief function of the judicial department of the 
State government? 

2. In what courts are criminal trials and civil suits maintained? 

3. Give the number of justices of the Supreme Court. 

4. Name two qualifications for a justice of the Supreme Court? 

5. For how long are the justices elected? 

6. How is the chief justice chosen? 

7. If a man was charged with murder could the trial be held in the 
Supreme Court? 

8. What is the chief function of the Supreme Court? Name two 
others. 

9. Discuss the “judicial veto” of legislation. 

10. Name five writs which the Supreme Court may issue. Can you 
tell briefly the purpose of each? 

11. What can you say of the decisions of the Supreme Court? 

12. How frequently are sessions or terms of the Circuit Courts 
held? 

13. How long is the term of a Circuit judge? Of a State attorney? 

14. What other courts are there in the judicial department?' 


8 


114 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER XIX 

Court Procedure : Respect for the Courts and the Law 

Due Process of Law.—Proceedings in courts, espec¬ 
ially the more important tribunals, are attended with dignity, 
order, and strict care that every right of every party concerned 
in its action shall have due consideration. Courts are and 
should be deliberate in their procedure. Because of the great 
care which must be taken not to deprive any person of rights 
until they have had ample opportunity to be heard and ample 
opportunity be given for consideration by the courts, some 
people complain of the slowness with which the “Wheels of 
Justice” some times move. It is far better that the courts 
move slowly and deliberately and give justice in the end than 
to permit hasty and inconsiderate action which might do 
wrongs impossible ever to rectify. One of the most important 
rights guaranteed to the citizen is that he shall not be deprived 
of life, liberty or property without “due process of law.” 

Causes of action by the courts are divided into Criminal 
trials and Civil actions. A criminal trial is the process of de¬ 
termining if a person accused of committing a criminal act 
is guilty or not guilty of the crime of which he was charged. 
A crime is a breach of the positive law. There are crimes of 
omission as well as commission; that is a person can violate 
the law by failing to do what the law says must be done, as 
well as to do that which the law says must not be done. 

Most crimes for which persons are convicted, however, 
are crimes of commission. 

Prosecution for Crime.—Criminal procedure is the or¬ 
derly steps taken in a criminal trial and begins by the arrest 
of the accused, which may be with or without warrant. Or¬ 
dinarily arrests are not made without a warrant first being 


COURT PROCEDURE 


115 


procured but if a police officer or sheriff should see a person 
in the act of committing a crime or disturbing the peace it 
would become the officer’s duty to arrest him. A person un¬ 
der suspicion of crime may be arrested and held temporarily 
while investigation is made. The accused or defendant is 
committed to prison pending his trial unless he gives bail. 
The defendant is permitted to give bail in all cases except 
where the penalty for the crime is death. Bail is a bond that 
the accused will appear for trial. Every one accused of crime 
is guaranteed by the Constitution the right to a speedy trial. 
But usually both the prosecution and the defendant desire some 
time to prepare for the trial. After the arrest the formal 
charge is made, if it has not already been made, either in an 
affidavit, information, or indictment. The defendant is then 
brought before the bar of the court and arraigned, that is, he 
is caused to stand up and the formal charge on which he is 
accused is read to him. He is asked the question if he is guilty 
or not guilty. If no defense is desired but the accused 
wishes to admit guilt, he may plead “guilty” whereupon no 
trial would be necessary. It would then remain only to pass 
sentence. But if the defendant, however, desires to make 
a defense the plea of “not guilty” is entered. Then the ques¬ 
tion for trial is presented. Delays are some times asked by 
both sides, but usually by the defense, and the judge decides 
if the delay shall be granted and for what time. 

If the accused is found guilty of the crime he stands con¬ 
victed and the sentence is announced by the judge. The de¬ 
fendant has the right to be present in person to face his ac¬ 
cusers during the trial, and if convicted he has the right to 
be present when sentence is passed and privileged to make a 
statement to the court as to any reason he desires to offer why 
the sentence of the law should not be passed upon him. The 
defendant also has the right of trial by a jury except in cases 
where the offense is slight and the penalty small. The jury 


116 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


decides only the question of the guilt, they do not fix the pen¬ 
alty. 

Penalties are fixed by the law and the judge. The law 
states what the exact penalty shall be in certain cases and in 
others it describes the kind and the limit of penalties leaving 
to the judge certain discretion as to the amount of penalty 
within certain limitations. For example, if a person be con¬ 
victed of murder in the first degree and no mercy is recom¬ 
mended by the jury, the law fixes the penalty as death; if the 
jury recommends to mercy, then life imprisonment. But if 
a man be convicted of manslaughter he may be sentenced to 
imprisonment for such time as the judge determines, not to 
exceed twenty years. Most penalties are fixed at not more 
than a certain maximum leaving the judge to impose a lighter 
sentence if he thinks best. Some few crimes, because of their 
prevalence and the desire of the Legislature to effectively 
stamp them out, are attended by minimum penalties, that is not 
less than a certain amount of fine or time of imprisonment. 
Minimum penalties are attached to the law against cattle steal¬ 
ing and for second offenses against the law prohibiting the 
sale of intoxicating liquors. As a general rule minimum pen¬ 
alties are unwise but are justified in cases where laws are 
persistently and flagrantly violated. 

Cruel and unusual punishments are prohibited by the Con¬ 
stitution. Sentences passed upon persons convicted of crime 
are either fines or imprisonment, or both fine and imprison¬ 
ment, except in cases where the death sentence is imposed. 
Death sentences are executed by hanging by the neck until 
dead. The day for the execution is named by the Governor 
and the “Death Warrant” is signed by the Governor before 
the execution takes place. For offenses of less grade the sen¬ 
tence is usually either the payment of a fine or a prison sen¬ 
tence, or both. In some cases a prison sentence is imposed 
without the privilege of paying a fine in lieu thereof. 


COURT PROCEDURE 


117 


Prosecutions for crime are made in the name of the State 
because it is the province of the State to preserve order and 
protect the people in their rights to life and to safety of per¬ 
son and property. The courts in which trials for misdemean¬ 
ors or crime may take place are the Justice Peace Courts, 
County Judge’s Courts, County Courts, Criminal Courts of 
Record and the Circuit Court, the jurisdiction of these courts 
being dependent mainly upon the gravity of the crime charged. 
If it takes place in the Justice Peace Court, or County Judge’s 
Court it is begun on an affidavit; if in the County Court or 
Criminal Court of Record it is begun on an information filed 
by the prosecuting attorney and if in the Circuit Court, after 
the grand jury has investigated the case and filed an indict- 
ment. 

Civil Actions.—Civil procedure or the proceedings in 
the court where actions at law or in equity are tried, is not car¬ 
ried out by the same rules as criminal trials. Attorneys repre¬ 
sent the parties and the party who brings the suit is called the 
plaintiff and the one against whom the suit is brought is called 
the defendant. 

The preliminary steps in civil suits are first to get clearly 
defined just what is the issue to be tried and then if the facts 
in the case be in dispute to determine them. When the issue 
and the facts are clear the law governing the matter is applied 
by the court. The many kinds of suits or civil actions that may 
be tried in the courts are too numerous to discuss them at 
length in a volume of this size. They are mentioned 
here simply because it is one of the functions of the 
courts, as a part of the governmental machinery to dispense 
justice, and this entails the settlement of disputed questions 
between individuals as to personal rights and property rights. 

Respect for the Courts.—A wholesome respect for the 
law should be inculcated in the youths, for as future citizens 


118 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


they ought to have a proper regard for that arm of the gov¬ 
ernment which is to protect them in their most sacred rights 
and which is to dispense impartial justice. In theory the courts 
are the vital expression of justice and the law. Unless the 
citizen has a proper respect for the law, for justice and for 
the rights of others he is not fit to be a citizen and enjoy the 
benefits and privileges of our government. Some may say 
that the courts do not always give exact justice and that rights 
are not always evenly protected. This can be answered by say¬ 
ing that all governmental agencies while administered by hu¬ 
man beings cannot be perfect in their operation; but the law 
and the courts of our land are the results of centuries of the 
best thought'and the best care of our ablest men. They are, 
therefore, as near perfect as our present experience and judg¬ 
ment can make them, and when honestly and conscientiously 
administered, their working will be as perfect as hyman intel¬ 
ligence can devise. One of the chief aims of the teacher of 
civil government should be to inspire in his pupils an intelli¬ 
gent and wholesome respect for law and for the courts. 

Mob Law is Never Right.—Mob law should never be 
condoned. Sometimes a group of citizens think some act so 
heinous as to justify taking the law into their own hands and 
meting out summary punishment. They seek to justify these 
acts under the excuse of “the unwritten law” but such instances 
only have their influence in bringing the law into disrespect. 
If left to the duly organized courts and the laws of the State 
few such cases would ever go unpunished. 

The “Hue and Cry” is the outcome of exciting the mob 
spirit directed against some individual or group. The mob 
spirit when invoked is dangerous for it acts upon inflamed 
or excited prejudices and is the very antithesis of calm de¬ 
liberate reason. 


COURT PROCEDURE 


119 


Questions on Chapter Nineteen 

1. What is the reason for the careful and orderly procedure of 
courts? 

2. What can you say of the complaints sometimes heard of the 
slowness of court procedure? 

3. What are the two'general classifications of court cases? 

4. What is a crime? In what two ways may it be committed? 

5. How are criminal prosecutions begun? What is bail? 

6. What is done when a person is arraigned? 

7. Who pronounces sentence on those convicted of crime? 

8. How is the penalty for crime fixed or determined? 

9. What can you say of maximum and minimum penalties? 

10. What three forms of penalties are mentioned? 

11. How is the penalty and sentence of death executed? 

12. Why is prosecution for crime brought in the name of the State? 

13. What can you say of the importance of due regard and respect 
for the law and the courts? 

14. Why is the mob spirit dangerous? What is the “Hue and Cry.” 


120 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER XX 

The Statutes and the Common Law; Trial by Jury; 

The Right of Appeal 

The Common Law.—The Common Law of England 
was and is the customs and system of law that has been ac¬ 
cumulating for centuries as legal determinations in England. 
It forms the basis of the English legal system and has been 
adopted in all the States of the United States except one. The 
written law or the statutes cannot cover every possible situa¬ 
tion that may arise in the courts and where there is no statute 
to govern the common law governs. 

The statutes are the laws enacted by the Legislature. In 
all cases covered by statute, if the statute be constitutional, 
the statute governs exclusively; if no statute directly covers 
the question, then if it has been at any previous time decided 
by the Supreme Court of the State this previous decision of the 
matter usually governs. The English Common Law is only 
adopted in the United States insofar as it is applicable to our 
American institutions. 

The Origin and Growth of the English Common Law. 
—It is both interesting and important to study briefly the or¬ 
igin of the English Common Law; interesting because of the 
manner of its development, and important because it is linked 
with the development of the civilization and government of the 
English speaking countries. Blackstone, the great English 
authority on law, says in his commentaries that this unwritten 
or common law is of three kinds : ‘T. General customs; which 
are the universal rule of the whole kingdom. 2. Particular cus¬ 
toms; which for the most part affect only the inhabitants of 
particular districts. 3. Certain particular laws, which, by 


THE STATUTES AND THE COMMON LAW 


121 


custom, are adopted and used by courts of general and exten¬ 
sive jurisdiction/^ 

There are many matters affecting our every day ex¬ 
periences which in our own country are covered or attempted 
to be covered by written law or statutes, but which in Eng¬ 
land are simply fixed and well known customs, which in that 
country have never been enacted into written statutes, but 
which, nevertheless, are just as binding on the courts in the ad¬ 
ministration of the law of the land. 

If the student will think over his own observations he may 
recall customs we have which we consider binding, yet are not 
specifically treated in written laws—for example the formal¬ 
ity of raising the right hand in taking an oath in open court. 

The manner of conveying the title to land in early English 
days, one of the most important matters, was governed by a 
custom. At one time in England when one acquired lands of 
another, they went together on to the land, the vendor broke a 
twig or limb from a tree or took a handful of the soil and 
handed to the new owner. This formality conveyed the title 
of the property. There were many and varied customs which 
the people considered as binding and which the courts en¬ 
forced and so they had the force and effect of what we under¬ 
stand as the law. Many of these in whole or in part, which 
have survived, have been included in our written laws. One 
of the briefest and clearest definitions of the common law is 
found in Robinson’s Elementary Law and Elements of Amer¬ 
ican Jurisprudence. He says: “The common law (called 
also the unwritten law, or from its mode of development, the 
customary law) embraces those rules of civil conduct which 
originated in the common wisdom and experience of society, 
became in time established customs, and finally received ju¬ 
dicial sanction and affirmance in the decisions of courts of 
last resort.” 


122 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Statutes or Written Laws.—Laws enacted by the Leg¬ 
islature are called statutes. They are written or printed and 
deal specifically with the subjects they are designed to cover. 
Some are quite lengthy and in printed form those now in force 
in our State fill two large volumes. In the early days of Eng¬ 
lish history, when the first written laws of England were pro¬ 
mulgated, the statutes were very brief and simply worded. 
In the reign of King Ethelbert (A. D. 600) his code of law 
consisted of ninety paragraphs and were quite terse. One of 
these read: ‘Tf a man slay another in the Kings ‘tun’ let 
him make ‘bot’ with L. shillings.” Nearly all possible bodily 
injuries were enumerated and the specific fine for each set 
down. For a broken arm, a broken collar bone, a stab in the 
arm, or knocking out the four front teeth the fine was six 
shillings. To cut off another’s foot would cost fifty shillings, 
but if only his big toe was severed the fine was ten shillings. 

As English civil government developed the statutes of par¬ 
liament were supreme—though in some of the troublous times 
between King and parliament the King was inclined to make 
his own statutes. Parliament eventually settled the matter 
effectively. During the reign of Richard II, a chief justice 
was hanged because he advised the King that a statute cur¬ 
tailing the royal power was void. An act of parliament cannot 
be set aside as “unconstitutional” in England. But, as stated 
in a previous chapter, in this country and in our own State an 
act of the Legislature must conform to the Constitution or it 
will be declared void by the courts. 

The Right of Trial by Jury.—This is one of the rights 
guaranteed by the Constitution and one of those most highly 
prized by our forefathers. It had been gained with the early 
English liberties and came to America as one of the rights of 
the people to be sacredly guarded in the formation of any 
government that might be established. Its theory is that any 


TRIAL BY JURY 


123 


person accused of crime may have his guilt or innocence de¬ 
termined by a jury of his own peers or his equals. Juries 
vary in size. Grand juries in this State consist of eighteen 
men. The grand jury indicts upon finding probable guilt but 
does not try cases. Neither do their findings require unan¬ 
imous vote of their members. Cases are tried by petit juries 
which consist of six men except in cases where punishment 
may be death and in certain civil proceedings the jury is com¬ 
posed of twelve. The jurors are supposed to be impartial and 
their decision must be unanimous. The decision of a petit 
jury is called its verdict. 

Origin of Jury Trials.—It was in the early days in Eng¬ 
land when the country was sparsely settled that trials by juries 
first came into practice. The jury were the neighbors of the 
accused and decided the case from what they themselves knew 
of it—for there was little of the community happenings but 
that were well known to all the neighbors. The jury did not 
need to have witnesses called in to give the facts. As the popu¬ 
lation increased and life became more complex juries be¬ 
came more as they are today, the agency or body to weigh 
the evidence and testimony of witnesses and decide from that 
testimony what were the facts and the guilt or innocence of the 
accused. 

The origin of our present day grand jury was probably the 
Frankish inquest. The English kings employed the inquest 
for detecting crime. Representatives from each neighborhood 
were asked by royal officers: “Do you suspect any of mur¬ 
der, robbery, larceny or the like?” So from these early meth¬ 
ods of ascertaining from a man’s neighbors if he were sus¬ 
pected of crime, and from another group of his neighbors if 
he were guilty or innocent, grew our present day grand jury 
and petit jury. The trial by jury took the place of the ancient 
trial by battle, the ordeal, and superstitious practices. 


124 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


The Right of Appeal. —This right is one of ancient or¬ 
igin. Back in the days of the Roman Empire the Roman cit¬ 
izen could appeal his case to the Emperor himself. In our 
State most criminal convictions and civil actions where any 
considerable sum is involved may be appealed to a higher 
court than the trial court. The higher court reviews the case 
only to see if any error has occurred in the conduct of the 
trial, or if the law is constitutional which the defendant is 
charged with violating. If so and it is one which might have 
affected the results in any wise then the case must be tried 
anew. If the law is found unconstitutional, the conviction 
of course is void. If the appellate court does not find the 
trial court has made any harmful mistakes in the conduct of 
the case judgment is affirmed and the verdict stands. 

Questions on Chapter Twenty 

1. What is the Common Law of England? To what extent is it 
adopted in this country? 

2. When is the common law resorted to? 

3. Can you give briefly the origin of the English Common Law? 

4. Can you think of some custom which we accept as binding yet 
is not mentioned specially in the law? 

5. What was an early method of conveying title to land? 

6. What is a statute? Are there many statutes in force in Florida? 

7. How long was King Ethelbert’s code? Under that code of stat¬ 
utes or laws what was the penalty for knocking out a person’s front teeth? 

8. What body enacts the laws in England? 

9. For what reason may a law passed by our Legislature be de¬ 
clared void? 

10. What can you say of the right of trial by jury? What is meant 
by a jury of your peers? 

11. What was the early form of jury trials? 

12. What two kinds of juries do we have? 

13. What is the function of the grand jury? 

14. How did it probably originate? 

15. When cases are appealed to a higher court what two questions 
may be raised? 


ELECTIONS AND THE DUTY OF ELECTORS 


125 


CHAPTER XXI 

Elections and the Duty of Electors 

The Privilege of Voting.—In the first chapters of this 
volume it was explained that a pure democracy would be a 
government in which all the citizens made the laws and en¬ 
forced them. Such is manifestly impractical in a country or 
State of any size. But while every citizen may not directly 
take part in shaping the affairs of government every one who 
is or may be qualified to vote can take part as a voter in the 
elections and thus aid in influencing the government. It is 
the duty of every one privileged to vote, to qualify and ex¬ 
ercise that privilege, casting his vote for the men and meas¬ 
ures he believes will best serve the welfare of the State. 

The Election System.—How elections are held is in 
a general way known to all, but the machinery of an election 
will be briefly discussed. The purpose of an election is to 
give the voters opportunity to express their choice of men 
for filling office, or for or against some proposed measure. 
There are various occasions for holding special elections to 
determine special questions but general elections are held only 
every two years. These are held in November of even num¬ 
bered years. 

Who May Vote.—Voting is not an inherent right and 
was limited by the Constitution to male persons twenty-one 
years of age or over, citizens of the United States, and who 
have been residents of the State for at least twelve months 
and the county six months. This limitation is now modified 
by the recent amendment to the Constitution of the United 
States which allows women equal privileges with men in re¬ 
spect to voting. There are certain restrictions as to registra¬ 
tion, and those non compos mentis or insane or who are under 


126 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


guardianship are not permitted to vote. Neither can those 
who have been convicted of a felony vote unless they have 
been fully pardoned for the purpose of restoring their civil 
rights. The payment of a poll tax is a prerequisite to voting 
if the poll tax be legally due. 

Voters Must Register. — Registrations of qualified 
electors or voters are made so that only those lawfully enti¬ 
tled to vote may take part in elections. These lists are in the 
custody of the supervisor of registration in each county. The 
registration books are opened at stated seasons so those who 
have become qualified may register. 

Voting precincts or election districts are subdivisions of the 
counties and are laid out with a view of having all voters 
within it convenient to a voting place. In each precinct or 
district is a polling place where the election managers meet on 
election day with the ballot box, ballots, \^oting lists, etc., and 
with the clerk of the election proceed to supervise the elec¬ 
tion in that precinct. 

The ballot boxes are emptied, locked and only a slot left 
as an opening. The election managers determine who are 
qualified to vote and hand each of such persons a ballot when 
he presents himself, whereupon the voter retires to a booth, 
which is a curtained space in the same room, and then he in¬ 
dicates with a X mark the names of his choice for the officers 
to be elected. He then folds it and drops it through the slot 
into the ballot box. He puts nothing on it to distinguish it 
from any other ballot so when the ballots are taken from the 
box by the managers at the close of the day to be counted no 
one can tell one voter’s ballot from another. So a man may, 
if he chooses, keep his ballot a secret. This system of voting 
is called the Australian ballot system. 

The precinct election managers tabulate the votes of their 
precinct and forward to the county seat where the county can- 


ELECTIONS AND THE DUTY OF ELECTORS 


127 


vassing board tabulates all the precincts and forwards the re¬ 
sults for that county to the State canvassing board. 

The person who receives a plurality of the votes cast for 
any office is elected to that office. A plurality is not neces¬ 
sarily a majority. If there were three candidates for one of¬ 
fice and there had been in all one hundred votes cast for that 
office; candidate A receiving 30, candidate B receiving 25, 
and candidate C receiving 45, candidate C would have a plu¬ 
rality. If A had received 20, B 25 and C 55, then C would 
have a majority of the votes cast. 

Primary Elections.—Party primary elections are pro¬ 
vided for so that members of a political party may determine 
candidates of their choice prior to the general election and 
these men so chosen will be the candidates of that party in the 
general election. Since the Democratic party in Florida is very 
much in the majority in voting strength whoever are chosen 
as its candidates are nearly always elected. So a Democratic 
primary election is usually of more interest in Florida than 
is the general election. The primary election is usually held 
in the early summer of the same year in which the general 
election is held and the manner of conducting the voting is 
much the same as in the general election. 

Honest and Fair Elections.—Corrupt practices, such 
as the use of money to buy votes, the hiring of paid workers 
to work for the election of some particular candidate, the 
spending of large sums of money in the campaigns, etc., have 
at times been prevalent. Many of these are now prohibited 
or strictly regulated by law. This law is called the ‘^Corrupt 
Practice Act'’ and has accomplished much good in making the 
conduct of political campaigns cleaner than before. 

The primary law or the statutes governing the conduct of 
the primaries, while providing much the same machinery for 
holding the election as the general election law, undertakes to 


128 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


go into more details. For instance the question of whether 
one or two primary elections should be held, or whether the 
first and second choice method of voting should be adopted 
and only one primary. At present only one primary is held 
and a first choice and second choice method of voting is pro¬ 
vided. One reason why it is more difficult to get a satisfac¬ 
tory primary law is that the Democratic party believes in the 
majority rule and that a candidate to be the nominee of the 
party should receive a majority of all the votes cast. It is not 
always practical to do this, however, if only one primary is 
held. There might be a number of candidates for the one of¬ 
fice and no one of them receive a majority in the first pri¬ 
mary. 

The chief characteristics of our primary election laws are 
that they provide for all qualified voters who agree to support 
the nominees of the party to have a direct part in the nomina¬ 
tion of its candidates, expressing their choice through the me¬ 
dium of the secret ballot and which ballot is sacredly pre¬ 
served from fraud and carefully counted as part of the results 
of the election. 

Duties of the Citizen.—It is the duty of every citizen 
to post themselves on the public measures and public men of 
prominence in their State. Every citizen eligible to vote should 
be sure to qualify and vote as a part of his patriotic duty. He 
should be so well posted on the issues of the campaign and the 
qualifications of candidates aspiring to office that he can in¬ 
telligently discriminate for himself and so cast his ballot that 
it will count for the best interest of the community, State or 
Nation. 

Woman Suffrage.—Until very recently the right to 
vote was not granted to women in this State. They now have 
the same privilege in voting as do the men. This privilege or 
right while for many years under consideration in the Nation 


ELECTIONS AND THE DUTY OF ELECTORS 


129 


was spoken of as “Woman Suffrage,” meaning the right of 
women to vote in governmental affairs. Woman’s influence 
in all affairs of life springing almost always from pure mo¬ 
tives and lofty ideals, it logically follows if she but carefully 
study governmental problems the exercise of her right to vote 
will result in bringing about improvements in our laws and 
in their enforcement. 

Since development of governmental ideas and improvement 
in civil government, community life, etc., has been one of slow 
growth—this development depending upon the education of 
the individual citizen and his awakening to nobler ideals and 
the need for better conditions; so we may not expect to see 
the influence of the enfranchising of women develop rapid 
or radical changes in governmental affairs. The women vo¬ 
ters in the mass must have time to acquaint themselves with 
their privileges and duties as voters. Their influence will be 
surely felt and it is safe to say will be for the continued bet¬ 
terment of government. 

The Ballot.—As before mentioned we use the Austra¬ 
lian ballot system in voting. The ballot is a strip of paper on 
which is printed the names of those who have qualified as 
candidates for the several offices to be filled. The elector 
has only to place a cross mark (X) opposite the name of the 
candidate for whom he desires to vote. The following is a 
sample form of a portion of a ballot. It will give the student 
an idea of the kind of ballot he will use when he or she becomes 
of age and is a qualified voter: 


9 


130 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


FOR GOVERNOR 
Vote for one: 

William Jones. 

John Smith. 

FOR SECRETARY OF STATE 
Vote for one: 

William King. 

James Moore. 

James Simpson. 


Questions on Chapter Twenty-One 

1. May every citizen have a direct part in governmental affairs? 

2. How may every qualified elector exert his influence in the gov¬ 
ernment? 

3. What is the purpose of elections? When are general elections 
held? 

4. Is the right to vote an inherent one? 

5. Who may qualify to vote and how? 

6. How can a person once qualified to vote lose the right? 

7. What is the purpose of registering those qualified to vote? 

8. Where are elections held and under whose supervision? 

9. Give the procedure in voting at an election? 

10. What number of votes are necessary to elect to an office? 

11. Explain the difference between a plurality and a majority. 

12.. What are primary elections? What are their purpose and when 
are they held? 

13. What is the duty of the citizen with regard to elections? 

14. What can you say of the probable effect of extending the right 
of voting to women? 

15. What system of balloting do we use? 











OUR REPRESENTATION IN THE NATIONAL CONGRESS 131 


CHAPTER XXII 

Our Representation in the National Congress 

United States Senators and Members of Congress.— 
The Constitution of the United States provides that every 
State shall have two Senators in the United States Senate 
and a number of members of Congress dependent upon the 
population of the State. The number of Senators from a 
State does not change. United States Senators were until very 
recently elected by the Legislature of the State. They are 
now elected directly by the people. Their term of office is for 
six years and they spend most of their time in Washington, 
the National capital. The office of United States Senator is 
looked upon as one of great honor and dignity as these two 
men represent the State in the councils of the Nation, and the 
United States Senate is often referred to as the greatest delib¬ 
erative body in the world. 

The number of members from each State to the lower 
house of Congress—the House of Representatives—is fixed 
after each National census, which is every ten years. Florida 
now has four members of the National House of Representa¬ 
tives. They are designated as Members of Congress. They 
are chosen by the people of the district which they represent, 
the State being divided into four congressional districts, and 
one Congressman chosen from each district. Their term of 
office is only two years, but their salary is the same as that of 
a United States Senator, seven thousand five hundred dol¬ 
lars per year, and mileage. 

Terms of Senators and Congressmen.—The difference 
in the terms of a Congressman and a United States Senator is 
accounted for by the fact that the United States Senators are 
supposed to represent the States as integral commonwealths. 


132 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


are supposed to be more concerned with the relation of State 
to State and State to Nation and our Nation to foreign Na¬ 
tions. Experience counts considerably with them. The Sen¬ 
ate is a continuing body, that is only one-third of its members 
are elected every two years so that in each Congress at least 
two-thirds of the Senators have had previous experience. 

Members of the House of Representatives are supposed 
to represent the people directly and their short term was de¬ 
signed so that the sentiment of the people as a whole on any 
issue that arose could be early reflected in the membership of 
Congress, and the frequent return for election of a member 
would better insure the correct representation of public senti¬ 
ment in the National Congress. 

Congressional Districts.—The congressional districts 
of the State are divided, as nearly as possible, equally in pop¬ 
ulation, but each district must consist of whole counties and 
the counties comprising the district must be contiguous. The 
shaping of a district to suit the interests of some would-be 
congressman was once much practiced by State Legislatures 
and often very odd-shaped districts were the results. This 
was called gerrymandering. 

All school boys and school girls old enough to study civil 
government should learn the name of the Congressman from 
their district and the names of the two United States Senators 
who represent their State. It is well to keep in mind, too, 
that these are officers of the United States Government, 
though representatives of that portion of the people of the 
United States who constitute the State of Florida. 

How and When Elected.—United States Senators and 
members of Congress are voted for at the same time and places 
as members of the most numerous branch of the State Legis¬ 
lature. A Member of Congress is to be voted for at each gen¬ 
eral election, for a Congressman’s term is but two years, but 


OUR REPRESENTATION IN THE NATIONAL CONGRESS 133 

since a United States Senator is elected for six years there is 
none to be elected at every third general election, unless there 
happens to be a vacancy existing then by reason of the death 
or resignation of one of the Senators. 

Qualifications.—“No person shall be a Representative 
who shall not have attained to the age of twenty-five years, 
and been seven years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that State in which 
he shall be chosen.” The foregoing is the wording of the 
Constitution of the United States giving the qualifications 
for a member of the National House of Representatives. It 
prescribes the qualifications of United States Senators in the 
following language: “No person shall be a Senator who shall 
not have attained to the age of thirty years, and been nine 
years a citizen of the United States, and who shall not, when 
elected, be an inhabitant of the State for which he shall be 
chosen.” 

How We Vote for President of the United States.— 
The election of a President of the United States is an interest¬ 
ing and important event. The procedure, however, is not one 
with which all the people are familiar. As voters we do not 
vote for a candidate direct. That is, the names of the candi¬ 
dates for President do not appear on the election ballot, but 
instead there are on the ballot the names of persons to be voted 
for as presidential electors and those chosen as such vote for 
President and Vice-President of the United States. Each 
State is entitled to as many votes for President and Vice-Pres¬ 
ident as it has members of Congress. Florida, having four 
congressmen in addition to her two United States Senators, 
therefore has six votes for President and Vice-President. 

Presidential electors are chosen every four years at the 
general election preceding the close of the term of a President. 
Since each political party of any consequence nominates a can- 


134 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


didate for President, such parties nominate presidential elect¬ 
ors and these names appear on the ballots and are voted for by 
the voters in the election. For example, the Democratic party 
in Florida through primary elections held preceding the gen¬ 
eral election, chooses candidates for presidential electors, 
choosing as many as Florida would be entitled to have, which 
at present is six. These names are on the general election 
ballots, so are the names of the six candidates of the other 
political parties in the State. There is nothing on the ballot 
to indicate the political party to which either belongs, but 
the well informed voter informs himself in advance and votes 
for those six whom he knows represent his political party and 
who will in turn vote for the candidate for President he favors. 

The presidential electors chosen in each State meet at the 
time and place designated by law and vote for President and 
Vice-President and this vote, sealed, is sent to the President 
of the United States Senate. He opens them in the presence 
of the Senate and the House of Representatives and they are 
then counted. 

Of course long before the votes of the electors are thus 
counted the whole Nation knows who will be President and 
Vice-President, for, as before stated, it is known for whom 
the electors will vote as soon as they are chosen. There have 
been occasions, however, when the vote was very close and 
the final result of a presidential election would be in doubt 
until settled by Congress. 

Should no candidate for President and Vice-President re¬ 
ceive a majority of the votes cast by the electors then the House 
of Representatives chooses a President and the Senate a Vice- 
President. 


OUR REPRESENTATION IN THE NATIONAL CONGRESS 135 


Questions on Chapter Twenty-Two. 

1. Upon what basis is the representation of a state in the National 
House of Representatives? 

2. How many Members of Congress has Florida? 

3. Who is the Congressman from your district? In what congres¬ 
sional district do you live? 

4. How many United States Senators are there from Florida? Who 
are they? 

5. For what length term is a Congressman elected? A Senator? 

6. What salaries do United States Senators and Congressmen re¬ 
ceive? 

7. Why was the term of Congressmen made shorter than that of 
the United States Senators? 

8. (What is said of the shape and formation of congressional dis¬ 
tricts ? 

9. What qualifications are required for a Representative in Con¬ 
gress? 

10. What are the qualifications required for United States Senator? 

11. When a President of the United States is elected is he voted 
for directly by the people? What method of election is provided? 

12. If the presidential electors should fail to elect a President and 
Vice-President, how would the President be chosen? The Vice-Presi¬ 
dent. 

13. Is it possible for a candidate for President to be the choice of 
a majority of the people of the United States and still not be elected 
President? 

Question for Debate 

Resolved; That the President and Vice-President of the United 
States should be chosen by direct vote of the people. 


136 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER XXIII 
Land Surveys and Land Titles 

How Lands are Surveyed.—The Government System 
of land surveys, that is the system adopted by the United 
States government, is the one in use in Florida. It is based 
on the plan of establishing one principal meridian and all east 
and west distances being counted from that line; and adopt¬ 
ing one base line or range line running east and west from 
which distances north and south can be designated. Florida 
has adopted that meridian and parallel which run through 
Tallahassee, the capital city. The intersection of these two 
lines, the principal meridian and base line, is established by a 
permanent marker. 

Surveys are important because a land owner needs to be 
able to tell just where his land is, and be able to locate any 
part of it. The main divisions are called townships and are 
six miles square. They are divided into sections, each section 
being one mile square, which makes 36 sections to a township. 
The sections contain 640 acres and are divided into halves and 
quarters, etc. The following drawings will illustrate the sys¬ 
tem. 

Townships are six miles long north and south and six 
miles wide east and west if they are just north of a base line 
or a correction line. Correction lines are necessary because 
meridian lines converge as they approach the north and south 
poles. As these correction lines are run at frequent inter¬ 
vals the variance in the width of townships is not great and 
it may be said that a township of land is six miles square and 
contains thirty-six sections of land, each section being one mile 
square. 


LAND SURVEYS AND LAND TITLES 


137 


N 









Township 

2 North 
Range 

2 West 


Principal. 


1 







Base 

Line 

Township 

I South 
Range 

I West 


Base 

Line 




Meridian 

Township 

2 South 
Range 

2 East 









S 


(Figure i.) 

The above drawing shows how townships are laid off and 
designated. 




















138 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


N 


6 

5 

4 

3 

2 

I 

7 

8 

9 

10 

II 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 


S 


(Figure 2) 

The above illustrates a township divided into sections and 
the system of numbering sections. 
















L'AND SURVEYS AND LAND TITLES 


139 


N 




D 


c 






E 

A 


F 



B 


S 

(Figure 3) 

In the above drawing of a section of land 
A represents the of the section and contains 320 acres. 

B represents the SEJ 4 of the section and contains 160 acres. 

C represents the of the NEJ 4 of the section and contains 80 acres. 

D represents the NEJ 4 of the NE54 of the section and contains 40 acres. 

E represents the Ej/2 of the SEl 4 of the NE^ of the section and con¬ 
tains 20 acres. 

F represents the SWJ 4 of the SE^ of the NEj^ of the section and con¬ 
tains 10 acres. 









140 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Cities and towns and some times special tracts of lands are 
divided up into lots and blocks, these being more convenient 
designations on account of their relatively small size. 

A system of surveys in vogue in some places is one of 
describing the “metes and bounds” and parcels of land of ir¬ 
regular shape are sometimes surveyed and described that way 
in this State. 

The Title to Land.—The title to land is the clear right 
of ownership. The ownership or title to land is supposed to 
be recorded in the public records; and the transfer of title to 
land should be recorded in each instance. If the owner dur¬ 
ing his life time desires to sell or part with the title to land 
he does so usually by an instrument of writing called a deed. 
This deed contains the formal wording necessary to convey 
the title and contains a description of the land to be conveyed. 

There are many ways in which people some time lay claim 
to land, and owners sometimes fail to pay taxes due upon it, 
and so the title is not entirely clear from claims or possibili¬ 
ties of lawful claims in which case there is said to be a “cloud” 
on the title. Land owners should be careful to keep the titles 
to their land “clear.” 

Provision is made for all deeds and other instruments af¬ 
fecting titles to land to be recorded in the office of the Clerk 
of the Circuit Court in the county in which the land is sit¬ 
uated. 

The ownership and title to land is safeguarded by the law 
with many formal requirements in its transfer. Therefore, 
one purchasing land should be careful to see that the title to 
the land is clear. In some previous conveyance or attempted 
conveyance of the title something may have been omitted which 
would cause a defect in the title of the person who thought 
he owned the piece of land. As stated above, the title to land 
is transferred between living persons usually by a written in- 


LAND SURVEYS AND LAND TITLES 


141 


striiment called a deed. One may also acquire title to land by 
inheritance. There are other means, more technical than would 
be discussed in a volume of this size, whereby title to or inter¬ 
ests in lands may be transferred voluntarily or involuntarily. 
The title to land carries with it the buildings thereon with the 
fixtures in the buildings. 

Questions on Chapter Twenty-Three 

1. What system of land surveys is in use in Florida? 

2. Upon what is it based? 

3. Where do the principal meridian and base line for Florida sur¬ 
veys intersect? 

4. What are the main divisions of the survey called? How large is 
each ? 

5. How large is a section of land? 

6. How many acres in a section? 

7. Draw a diagram showing the principal meridian and base line 
and locate in the diagram Township 2 South, Range 6 East. 

8. How many miles east of Tallahassee would be the west bound¬ 
ary line of this township? 

9. How many miles south of Tallahassee would be the southern 
boundary line of the same township? 

10. Why are correction lines necessary? 

11. Draw a diagram of a township divided into sections and number 
the sections. 

12. What section is just south of section i? 

13. What section in the adjoining township north would be adjacent 
to section i in your diagram? 

14. Draw a diagram of a section of land and locate in it the SEV 4 
of the NWy4 of the SWy4. 

15. How many acres would the space described contain? 

16. What is the title to land? 

17. By what instrument of writing is the title to land usually con¬ 
veyed ? 

18. Where are deeds and other instruments affecting title to land 
recorded ? 


142 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


CHAPTER XXIV 
Taxation 

The Purpose of Taxation.—^Taxation in general has al¬ 
ways been quite a governmental problem. It is an ever pres¬ 
ent problem for those who make and execute the laws. It is 
very apparent that no sort of government could be maintained 
without money to pay the necessary expenses; and the more 
the government expands and extends the governmental agen¬ 
cies for the general welfare of the people the more money is 
neeeded. The method of raising this money is called taxation. 

The methods of taxation in use in our State are ad valorem 
taxes, privilege taxes, license taxes and per capita taxes. All 
lands and personal property of every kind which can be lo¬ 
cated for assessment are taxed at a certain per cent of the value. 
Such is an ad valorem tax. Every corporation organized in 
the State or which enters the State for transacting business 
must pay a certain tax,‘based on its capital stock, for the right 
to exist or operate as a corporation in the State; such would 
be a privilege tax. A license tax is charged (which is also in 
the nature of a privilege tax) on a great many different occu¬ 
pations. Every citizen between the ages of 21 and 55 is sup¬ 
posed to pay a poll tax or per capita tax of one dollar per year. 
The payment of this poll tax is made a prerequisite to voting, 
if the same be due. 

Fixing Values for Taxation.—Valuation of property of 
all kinds is necessary in making an ad valorem tax assessment. 
The owner has the privilege of handing in a list of his prop¬ 
erty and placing a valuation on it. This will not be raised 
without he be given notice and a hearing. The tax assessor 
places a valuation on all real and personal property for assess¬ 
ment purposes except the railroad and telegraph lines, which 


TAXATION 


143 


are assessed by the State Comptroller. Real property is land 
and improvements attached thereto. Other property is classed 
as personal. 

The County Tax Assessor lists the property, both real and 
personal, and enters the values thereon for purposes of taxa¬ 
tion, in a book called the tax roll of the county. He includes 
the railroad and telegraph lines (including Pullman cars), as 
furnished him by the State Comptroller. 

Equalizing Tax Valuations.—The assessment roll is 
then turned over to the county commissioners who revise it, 
lowering or raising'valuations where in their judgment it is 
required to make the same uniform and just. Property own¬ 
ers may then be heard on any complaints. The State Tax 
Equalizer may direct changes he deems necessary to make 
valuations uniform as between counties. If any disagree¬ 
ment arises between him and the county commissioners, or as 
to the valuations placed on railroad and telegraph properties 
by the State Comptroller, then the matter may be appealed to 
the State Board of Equalizers who reviews and determines 
the disputed cases. 

The Rate of Taxation.—When the valuation of the 
property has been determined the next question is the rate of 
taxation, or what per centum of its value, is to be charged 
against it as taxes. The State tax rate is fixed by the Leg¬ 
islature but the Governor has power to lower the State tax in 
certain cases. The Legislature also fixes the maximum lim¬ 
itations of the county rates, but the county commissioners 
may determine what the rate shall be within the limitation 
prescribed. The Constitution provides for a State tax of one 
mill on the dollar for the public schools, and also prescribes 
the minimum and maximum rates in the counties for school 
purposes. The rate of the special tax in school districts for 
school purposes is determined by a vote of the electors. The 


144 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


amount of the State tax to be levied is certified to the county 
by the State Comptroller, the county commissioners certify 
the county tax rate and with this information the county as¬ 
sessor is ready to compute the amount for each property as 
assessed in the tax roll. The remaining procedure was out¬ 
lined in the chapter giving the duties of county officers. 

Divisions of Tax Moneys.—The amount of the tax rate 
to be set aside for each purpose is specified and these divi¬ 
sions are called funds. The usual divisions of the State tax 
are: General Revenue, Pensions, State Board of Health, One- 
Mill School, and State Road Fund. The county tax rate is 
divided into several funds, the more usual divisions being: 
General Revenue, Fine and Forfeiture, County School, County 
Roads and Bridges, and Agricultural Fund. The moneys re¬ 
ceived into each fund are kept separate in that fund and used 
for the purposes indicated; except that in those not specified 
by the Constitution the Legislature may make transfers in 
the State funds and the county commissioners are authorized 
by law, with the approval of the State Comptroller, to make 
transfers in certain county funds. 

The Budget System.—We frequently hear reference to 
a budget of public expenditures. Briefly a budget or budget 
system is that the amount of public expenditures needed for 
each purpose is determined or carefully estimated in advance 
and the rate of taxation decided from that budget, and no 
expenditures permitted except such as shall have been pre¬ 
viously provided for in the budget. The State and the counties 
have been for some years working along the general line of a 
budget system and the State recently has provided for a 
Budget Commission to work out the system more completely 
in the State’s finances. 

Inequalities in Taxation.—Much complaint is heard 
from tax payers about high taxes and the inequalities of taxes. 


TAXATION 


145 


All of those complaints are not well founded, but inequalities 
have crept in though the system of taxation contemplates that 
all property shall bear its just proportion of taxation for the 
support of the government. The county assessors and county 
commissioners for years past have apparently been of the opin¬ 
ion that property in their county might bear more of the tax 
burden than the property in some other county if the valua¬ 
tions were placed at their true worth. And so the valuations 
for tax purposes were placed lower than the true cash or mar¬ 
ket value. In some counties the average tax value would not 
be more than one-fourth the true value, others one-third, etc. 
In this way uniformity in taxation was destroyed. To meet 
this condition and correct it has been a problem for the Legis¬ 
lature for some time. The latest effort on the part of the 
Legislature to correct the evil and get true uniformity in 
taxation was to provide for the State Equalizer of Taxes 
and the State Board of Equalizers. 

Property Exempt from Taxation.—Certain property 
is exempted from taxation by authority granted in the Consti¬ 
tution. Property used for municipal, educational, literary, 
scientific, religious or charitable purposes comes within this 
class. Also, widows with dependent family, and those resi¬ 
dents who have lost a limb or have been disabled in battle or 
by misfortune may have property to the value of five hundred 
dollars exempted. 

Questions on Chapter Twenty-Four 

1. What is the purpose of taxation? 

2 . Upon what two methods do we base our tax levies? 

3 . What is an ad valorem tax? 

4 . What class of tax is a poll tax? 

5 . The payment of a poll tax—when legally due—is made a pre¬ 
requisite to the exercise of what privilege? 


10 


146 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


6. Lands and improvements thereon are classed as what kind of 
property? 

7. What county official makes up the tax roll? 

8. What body of men revise the county tax roll? 

9. What State official has duties in connection with equalization of 
tax valuations? 

10. To what State board may disputed cases of tax valuations be 
appealed ? 

11. By whom is the rate of taxation fixed? 

12. May this be changed in any way? 

13. What board fixes the rates for the county levies? 

14. Who determines the rate of special tax school district taxes? 

15. What are the usual funds for which State tax levies are made? 

16. Describe briefly a budget system of public finances. 

17. What can you say of the lack of uniformity in tax values? 

18. What properties are exempt from taxation? 

19. What classes of persons have a certain amount of property ex¬ 
empted from taxation? 


/ 


SAFEGUARDING THE HEALTH OF THE CITIZENS 147 


CHAPTER XXV 

Safeguarding the Health of the Citizens 

The State Board of Health.—Safeguarding- the health 
of the people is an important function of the State govern¬ 
ment. The great number of people who die each year from 
preventable diseases is appalling. More died from diseases, 
classed as preventable, in the United States during America's 
participation in the World War than we lost in battle or that 
died from effects of wounds or injuries received in the war. 
Some diseases are very contagious and if preventive means 
were not employed epidemics of these diseases would be fre¬ 
quent and the loss of life occasioned would be alarming. 

With the development in the means of travel and the de¬ 
mands of commercial life and business affairs becoming more 
specialized there is a considerable increase in the numbers of 
people who are going to and fro, mixing in crowds, and mak¬ 
ing the rapid spread of communicable diseases more and more 
a menace to be guarded against. 

The agency created by the State to safeguard the health of 
the people is the State Board of Health. The Board is ap¬ 
pointed by the Governor. It elects one of its number presi¬ 
dent, and employs a physician of experience and standing as 
State Health Officer who also is executive secretary of the 
Board. This physician and officer must be an expert in the 
diagnosis of yellow fever, small pox, cholera and other in¬ 
fectious diseases. 

At one time our State was invaded by an epidemic of yel¬ 
low fever—a disease which since has been almost completely 
stamped out even in countries where once it was frequently 
epidemic. Medical science discovered the means of infection 
to be a certain species of mosquito and its control was made 
much easier. Medical science has made rapid strides in re- 


148 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


cent years and there are now many diseases easily controlled 
which if permitted to become epidemic would exact a tremen¬ 
dous death toll of citizens each year. 

The law creating the State Board of Health provides 
against its members remaining out of the State if disease 
should become epidemic. 

Practicing physicians are required to report to the Board 
immediately any outbreak of certain diseases. 

The Power to Quarantine.—Some infectious diseases 
are transmitted by contact with the patient or with objects 
which he has handled or used. Hence an isolation of the pa¬ 
tient from the public is desirable. Where the conditions make 
it advisable the State Board of Health may establish a quar¬ 
antine which is controlling ingress or egress of persons into 
or from buildings, areas or districts where the disease exists. 
The Governor is authorized to support such quarantines that 
they may be made effective by employing armed force if in 
his judgment it becomes necessary. 

Duties of State Health Officer.—Under the direction 
of the State Board of Health he has general supervision of all 
quarantine systems, may make arrests for violations of quar¬ 
antine rules and regulations, and may deputize sanitary agents 
for that purpose. 

No quarantines may be instituted by any port, place or 
county without the authority of the State Board of Health. 

General Powers and Duties of the State Board of 
Health.—It disseminates information concerning the 
cause, nature, extent and prevention of communicable disease. 
It makes rules concerning sanitation and means of prevent¬ 
ing the spread of disease; provides for the investigation and 
study of the cause of all diseases and for the publication and 
distribution of information concerning them. 


SAFEGUARDING THE HEALTH OF THE CITIZENS 149 


The Board has representatives in every section of the 
State and is vigilant in the work of guarding the public 
health. 

The means the Board uses for disseminating valuable pub¬ 
lic health information include almost every known method 
of informing the public. Leaflets and bulletins are printed 
and distributed, lecturers visit all communities, stereopticans 
and moving pictures are used, articles are furnished the press 
and health exhibits are placed at public fairs and these exhib¬ 
its have been sent throughout the State in special trains. So 
the public have been given much valuable information through 
these agencies tending to lessen the causes and prevent the 
spread of disease. 

The work of the Board extends to disease prevention 
among animals also. Diseases which cause large losses among 
horses, hogs and other animals are combatted through assist¬ 
ance rendered by the State Board of Health. 

Some Means of Disease Contagion.—It has been found 
out that mosquitoes and flies are carriers of certain disease 
germs. So rules are promulgated for screening places where 
flies breed, screening from flies fruits, meats and other foods 
offered for sale and destroying breeding places of mosquitoes. 

Rules for sanitary measures are sent out from the State 
Board of Health and also city health officers, and violation 
of these rules may be punished. 

The National Government Aids.—The work of public 
health conservation is materially aided by the National Gov¬ 
ernment through the United States Public Health Service. 
The Nation, the State and the cities co-operate in this im¬ 
portant work and the work of public health officers is inval¬ 
uable to the public. 


150 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Questions on Chapter Twenty-Five 

1. What can you say of the number of deaths each year from pre¬ 
ventable diseases? 

2. What makes preventive measures against the spread of con¬ 
tagious diseases more and more necessary? 

3. What agency is established by the State for safeguarding the 
health of the citizens? 

4. How is this board appointed and how organized? 

5. What special qualifications does the law require in the case of 
the State health officer? 

6. What discovery was made with reference to yellow fever? 

7. What special requirement does the law make as to the State 
Board of Health during an epidemic of contagious or infectious disease? 

8. What is a quarantine? 

9. Who has the power to establish systems of quarantine? 

10. How may the Governor assist in maintaining a necessary quar¬ 
antine? 

11. Give some of the duties of the State health officer. 

12. Describe briefly the duties of the State Board of Health. 

13. How is information concerning public health disseminated? 

14. Do disease prevention measures extend to treatment of animals 
also? 

15. Discuss mosquitoes and flies in connection with health con¬ 
servation measures. 

16. What can you say of the National Government with reference 
to public health work. 


The Constitution of the State 
of Florida 

Adopted by the Convention of 1885, as Amended 


Preamble 

We, the people of the State of Florida, grateful to 'Almighty God for 
our constitutional liberty, in order to secure its blessings and to form 
a more perfect government, insuring domestic tranquility, maintaining 
public order, and guaranteeing equal civil and political rights to all, do 
ordain and establish this Constitution 

Declaration of Rights 

Section i. All men are equal before the law, and have certain in¬ 
alienable rights, among which are those of enjoying and defending life 
and liberty, acquiring, possessing and protecting property, and pursuing 
happiness and obtaining safety. 

Section 2. All political power is inherent in the people. Govern¬ 
ment is instituted for the protection, security and benefit of the citizens, 
and they have the right to alter or amend the same whenever the public 
good may require it; but the paramount allegiance of every citizen is due 
to the Federal Government, and the people of this State have no power 
to dissolve its connection therewith. 

Section 3. The right of trial by jury shall be secured to all, and re¬ 
main inviolate forever. 

Section 4. All courts in this State shall be open, so that every persorr 
for any injury done him in his lands, goods, person or reputation shall 
have remedy, by due course of law, and right and justice shall be admin¬ 
istered without sale, denial or delay. 

Section 5. The free exercise and enjoyment of religious profession 
and worship shall forever be allowed in this State, and no person shall be 
rendered incompetent as a witness on account of his religious opinions; 



152 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


but the liberty of conscience hereby secured shall not be so construed as 
to justify licentiousness or practices subversive of, or inconsistent with 
the peace or moral safety of the State or society. 

Section 6. No preference shall be given by law to any church, sect or 
mode of worship, and no money shall ever be taken from the public treas¬ 
ury directly or indirectly in aid of any church, sect or religious denomina¬ 
tion, or in aid of any sectarian institution. 

Section 7. The writ of habeas corpus shall be grantable speedily and 
of right, freely and without cost, and shall never be suspended unless, in 
case of rebellion or invasion, the public safety may require its suspension. 

Section 8. Excessive bail shall not be required, nor excessive fines 
be imposed, nor cruel or unusual punishment or indefinite imprisonment 
be allowed, nor shall witnesses be unreasonably detained. 

Section 9. All persons shall be bailable by sufficient sureties, except 
for capital offenses, where the proof is evident or the presumption great. 

Section 10. No person shall be tried for a capital crime or other fel¬ 
ony, unless on presentment or indictment by a grand jury, except as is 
otherwise provided in this Constitution, and except in cases of impeach¬ 
ment, and in cases in the militia when in active service in time of war, or 
which the State, with the consent of Congress, may keep, in time of 
peace. 

Section ii. In all criminal prosecutions the accused shall have the 
right to a speedy and public trial, by an impartial jury, in the county 
where the crime was committed, and shall be heard by himself, or coun¬ 
sel, or both, to demand the nature and cause of the accusation against 
him, to meet the witnesses against him face to face, and have compulsory 
process for the attendance of witnesses in his favor, and shall be fur¬ 
nished with a copy of the indictment against him. 

Section 12, No person shall be subject to be twice put in jeopardy 
for the same offense, nor compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty or property without due 
process of law; nor shall private property be taken without just compen¬ 
sation. 

Section 13. Every person may fully speak and write his sentiments 
on all subjects, being responsible for the abuse of that right, and no laws 
shall be passed to restrain or abridge the liberty of speech or of the press 
In all criminal prosecutions and civil actions for libel the truth may be 
given in evidence to the jury, and if it shall appear that the matter 


THE CONSTITUTION OF FLORIDA 


153 


charged as libelous is true, and was published for good motives, the party 
shall be acquitted or exonerated. 

Section 14. No person shall be compelled to pay costs except after 
conviction, on a final trial. 

Section 15. The people shall have the right to assemble together to 
consult for the common good, to instruct their representatives, and to 
petition the Legislature for redress of grievances. 

Section 16. No person shall be imprisoned for debt except in cases 
of fraud. 

Section 17. No bill of attainder, ex post facto law nor any law im¬ 
pairing the obligation of contracts, shall ever be passed. 

Section 18. Foreigners shall have the same rights as to the owner¬ 
ship, inheritance and disposition of property in this State as citizens of 
the State. 

Section 19. Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party has been duly convicted, shall 
ever be allowed in this State. 

Section 20. The right of the people to bear arms in defense of them¬ 
selves and the lawful authority of the State, shall not be infringed, but 
the Legislature may prescribe the manner in which they may be borne. 

Section 21. The military shall in all cases and at all times be in strict 
subordination to the civil power. 

Section 22. The right of the people to be secure in their persons, 
houses, papers and effects against unreasonable seizures and searches, 
shall not be violated, and no warrants issued but upon probable cause, sup¬ 
ported by oath or affirmation, particularly describing the place or places to 
be searched, and the person or persons, and thing or things to be seized. 

Section 23. Treason against the State shall consist only in levying 
war against it, adhering to its enemies, or giving them aid and comfort; 
and no person shall be convicted of treason except on the testimony of 
two witnesses to the same overt act, or confession in open court, and no 
conviction for treason shall work corruption of blood or forfeiture of 
estate. 

Section 24. This enunciation of rights shall not be construed to im¬ 
pair or deny others retained by the people. 


154 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


ARTICLE I 
Boundaries 

The boundaries of the State of Florida shall be as follows: Com¬ 
mencing at the mouth of the river Perdido; from thence up the middle 
of said river to where it intersects the south boundary line of the state 
of Alabama, and the thirty-first degree of north latitude; thence due east 
to the Chattahoochee river; thence down the middle of said river to its 
confluence with the Flint river; thence straight to the head of the St. 
Mary’s river; thence down the middle of said river to the Atlantic ocean; 
thence southeastwardly along the coast to the edge of the Gulf stream; 
thence southwestwardly along the edge of the Gulf stream and Florida 
reefs to and including the Tortugas Islands; thence northeastwardly to a 
point three leagues from the mainland; thence northwestwardly three 
leagues from the land, to a point west of the mouth of the Perdido river; 
thence to the place of beginning. 

ARTICLE II 
Distribution of Powers 

The powers of the government of the State of Florida shall be di¬ 
vided into three departments—legislative, executive and judicial; and no 
person properly belonging to one of the departments shall exercise any 
power appertaining to either of the others, except in cases expressly pro¬ 
vided for by this Constitution. 

ARTICLE III 
Legislative Department 

Section i. The legislative authority of this State shall be vested in 
a Senate and a House of Representatives, which shall be designated, “The 
Legislature of the State of Florida,” and the sessions thereof shall be 
held at the seat of government of the State. 

Section 2. The regular sessions of the Legislature shall be held bi¬ 
ennially, commencing on the first Tuesday after the first Monday in 
April, A. D. 1887, and on the corresponding day of every second year 


THE CONSTITUTION OF FLORIDA 


155 


thereafer; but the Governor may convene the same in extra session by 
his proclamation. Regular sessions of the Legislature may extend to 
sixty days, but no special session convened by the Governor shall ex¬ 
ceed twenty days. 

Section 3. The members of the House of Representatives of the 
State of Florida shall be chosen biennially, beginning with the general 
election on the first Tuesday after the first Monday in November, 1898, 
and thereafter on the corresponding day of every second year. 

Section 4. Senators and members of the House of Representatives 
shall be duly qualified electors in the respective counties and districts 
for which they were chosen. The pay of members of the Senate and 
House of Representatives shall not exceed six dollars a day for each 
day of session and mileage to and from their homes to the seat of gov¬ 
ernment, not to exceed ten cents a mile each way, by the nearest and 
most practicable route. 

Section 5. No Senator or member of the House of Representatives 
shall, during the time for which he was elected, be appointed or elected 
to any civil office under the Constitution of this State, that has been 
created, or the emoluments whereof shall have been increased, during 
such time. 

Section 6. Each House shall judge of the qualifications, election 
and returns of its own members, choose its own officers, and determine 
the rules of its proceedings. The Senate shall, at the convening of each 
regular session thereof, choose from among its own members a perma¬ 
nent president of the Senate, who shall be its presiding officer. The 
House of Representatives shall, at the convening of each regular session 
thereof choose from among its own members a permanent Speaker of 
the House of Representatives, who shall be its presiding officer. Each 
House may punish its own members for disorderly conduct; and each 
House, with the concurrence of two-thirds of all its members present, 
may expel a member. 

Section 7. No person holding a lucrative office or appointment un¬ 
der the United States or this State shall be eligible to a seat in the Leg¬ 
islature of this State. 

Section 8. The seat of a member of either House shall be vacated 
on his permanent change of residence from the district or county from 
which he was elected. 

Section 9. Either House during the session may punish by fine or 
imprisonment any person not a member who shall have been guilty of 


156 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


disorderly or contemptuous conduct in its presence, or of a refusal to 
obey its lawful summons, but such imprisonment shall not extend be¬ 
yond the final adjournment of the session. 

Section lo. Either House shall have power to compel the attend¬ 
ance of witnesses upon any investigations, held by itself, or by any of 
its committees; the manner of the exercise of such power shall be pro¬ 
vided by law. 

Section ii. A majority of each House shall constitute a quorum 
to do business, but a smaller number may adjourn from day to day, and 
compel the presence of absent members in such manner and under such 
penalties as it may prescribe. 

Section 12. Each House shall keep a journal of its own proceedings, 

which shall be published, and the yeas and nays of the members of 

either House on any question shall, at the desire of any five members 
present, be entered on the journal. 

Section 13. The doors of each House shall be kept open during its 
session, except the Senate while sitting in executive session; and neither 

shall, without the consent of the other, adjourn for more than three 

days, or to any other town than that in which they may be holding their 
session. 

Section 14. Any bill may originate in either House of the Legisla¬ 
ture, and after being passed in one House may be amended in the other. 

Section 15. The enacting clause of every law shall be as follows: 
“Be it enacted by the Legislature of the State of Florida.” 

Section 16. Each law enacted in the Legislature shall embrace but 
one subject and matter properly connected therewith, which subject shall 
be briefly expressed in the title; and no law shall be amended or re¬ 
vised by reference to its title only; but in such case the act, as revised, 
or section, as amended, shall be re-enacted and published at length. 

Section 17. Every bill shall be read by its title, on its first reading 
in either House, unless one-third of the members present desire it read 
by sections. Every bill shall be read on three several days, unless two- 
thirds of the members present when such bill may be pending shall deem 
it expedient to dispense with this rule. Every bill shall be read by its 
sections on its second reading and on its final passage, unless on its 
second reading two-thirds of the members present in the House where 
such bill may be pending shall deem it expedient to dispense with this 
rule. The vote on the final passage of every bill or joint resolution 
shall be taken by yeas and nays, to be entered on the journal of each 


THE CONSTITUTION OF FLORIDA 


157 


House; Provided, That any general revision of the entire laws embodied 
in any bill shall not be required to be read by sections upon its final 
passage, and its reading may be wholly dispensed with by a two-thirds 
vote. A majority of the members present in each House shall be neces¬ 
sary to pass every bill or joint resolution. All bills or joint resolutions 
so passed shall be signed by the presiding officer of the respective Houses 
and by the secretary of the Senate and the clerk of the House of Rep¬ 
resentatives. 

Section i8. No law shall take effect until sixty days from the final 
adjournment of the session of the Legislature at which it may have been 
enacted, unless otherwise specially provided in such law. 

Section 19. Accurate statements of the receipts and expenditures 
of the public money shall be attached to and published with the laws 
passed at every regular session of the Legislature. 

Section 20. The Legislature shall not pass special or local laws in 
any of the following enumerated cases: that is to say, regulating the 
jurisdiction and duties of any class of officers, except municipal officers, 
or for the punishment of crime or misdemeanor; regulating the practice 
of courts of justice, except municipal courts; providing for changing 
venue of civil and criminal cases; granting divorces; changing the names 
of persons; vacating roads; summoning and empaneling grand and petit 
juries, and providing for their compensation; for assessment and col¬ 
lection of taxes for State and county purposes; for opening and conduct¬ 
ing elections for State and county officers, and for designating the places 
of voting; for the sale of real estate belonging to minors, estates of 
decedents, and of persons laboring under legal disabilities; regulating 
the fees of officers of the State and county; giving effect to informal 
or invalid deeds or wills; legitimizing children; providing for the adop¬ 
tion of children; relieving minors from legal disabilities; and for the 
establishment of ferries. 

Section 21. In all cases enumerated in the preceding section all laws 
shall be general and of uniform operation throughout the State, but in 
all cases not enumerated or excepted in that section, the Legislature may 
pass special or local laws; Provided, That no local or special bill shall 
be passed, unless notice of the intention to apply therefor shall have 
been published in the locality where the matter or thing to be affected 
may be situated, which notice shall state the substance of the contem¬ 
plated law, and shall be published at least sixty days prior to the intro¬ 
duction into the Legislature of such bill, and in the manner to be pro- 


158 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


vided by law. The evidence that such notice has been published shall be 
established in the Legislature before such bill shall be passed. 

Section 22. Provision may be made by general law for bringing suit 
against the State as to all liabilities now existing or hereafter orig¬ 
inating. 

Section 23. Lotteries are hereby prohibited in this State. 

Section 24. The Legislature shall establish a uniform system of 
county and municipal government, which shall be applicable, except in 
cases where local or special laws are provided by the Legislature that 
may be inconsistent therewith. 

Section 25. The Legislature shall provide by general law for in¬ 
corporating such educational, agricultural, mechanical, mining, transpor¬ 
tation, mercantile and other useful companies or associations as may be 
deemed necessary; but it shall not pass any special law on any such sub¬ 
ject, and any such special law shall be of no effect; Provided, however. 
That nothing herein shall preclude special legislation as to a university 
or the public schools, or as to a ship canal across the State. 

Section 26. Laws shall be passed regulating elections, and prohib¬ 
iting under adequate penalties, all undue influence thereon from power, 
bribery, tumult or other improper practice. 

Section 27. The Legislature shall provide for the election by the 
people or appointment by the Governor of all State and county officers 
not otherwise provided for by this Constitution, and fix by law their 
duties and compensation 

Section 28. Every bill that may have passed the Legislature shall, 
before becoming a law, be presented to the Governor; if he approves 
it he shall sign it, but if not he shall return it with his objections to the 
House in which it originated, which house shall cause such objections to 
be entered upon its journal, and proceed to reconsider it; if, after such 
reconsideration, it shall pass both Houses by a two-thirds vote of mem¬ 
bers present, which vote shall be entered on the journal of each House, 
it shall become a law. If any bill shall not be returned within five days 
after it shall have been presented to the Governor (Sunday excepted) 
the same shall be a law, in like manner as if he had signed it. If the 
Legislature, by its final adjournment prevent such action, such bill shall 
be a law, unless the Governor, within ten days after the adjournment, 
shall file such bill, with his objections thereto, in the office of the Secre¬ 
tary of State, who shall lay the same before the Legislature at its next 


THE CONSTITUTION OF FLORIDA 


159 


session, and if the same shall receive two-thirds of the votes present it 
shall become a law. 

Section 29. The House of Representatives shall have the sole 
power of impeachment; but a vote of two-thirds of all members present 
shall be required to impeach any officer; and all impeachments shall be 
tried by the Senate. When sitting for that purpose the Senators shall 
be upon oath or affirmation, and no person shall be convicted without 
the concurrence of two-thirds of the Senators present. The Senate may 
adjourn to a fixed day for the trial of any impeachment, and may sit 
for the purpose of such trial whether the House of Representatives be 
in session or not, but the time fixed for such trial shall not be more than 
six months from the time articles of impeachment shall be preferred by 
the House of Representatives. The chief justice shall preside at all 
trials by impeachment except in the trial of the chief justice, when the 
Governor shall preside. The Governor, administrative officers of the 
executive department, justices of the Supreme Court, and judges of 
the Circuit Court shall be liable to impeachment for any misdemeanor 
in office, but judgment in such cases shall extend only to removal from 
office and disqualification to hold any office of honor, trust, or profit 
under the State; but the party convicted or acquitted shall nevertheless 
be liable to indictment, trial and punishment according to law. 

Section 30. Laws making appropriations for the salaries of public 
officers and their current expenses of the State shall contain provisions 
on no other subject. 

Section 31. The Legislature shall elect United States Senators in 
the manner prescribed by the Congress of the United States and by this 
Constitution. 

(This S'ection is superseded by Article 17 of the Constitution-of the 
United States, which provides for the election of United States Senators 
by the people.) 

Section 32. The repeal or amendment of any criminal statute shall 
not affect the prosecution or punishment of any crime committed before 
such repeal or amendment. 

Section 33. No statute shall be passed lessening the time within 
which a civil action may be commenced on any cause of action existing 
at the time of its passage. 

Section 34. Immediately upon the impeachment of any officer by the 
House of Representatives, he shall be disqualified from performing any 
of the duties of his office until acquitted by the Senate, and the Gov- 


160 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


ernor in such case shall at once appoint an incumbent to fill such office 
pending the impeachment proceedings. In case of the impeachment of 
the Governor, the President of the Senate, or in case of the death, resig¬ 
nation or inability of the President of the Senate, the Speaker of the 
House of Representatives shall act as Governor, pending the impeach¬ 
ment proceedings against the Governor. 

ARTICLE IV 
Executive Department 

Section i. The supreme executive power of the State shall be vested 
in a chief magistrate, who shall be styled the Governor of Florida. 

Section 2. The Governor shall be elected by the qualified electors 
of the State at the time and place of voting for members of the Legis¬ 
lature, and shall hold his office for four years from the time of his in¬ 
stallation, but shall not be eligible for re-election to said office the next 
succeeding term; Provided, That the first election for Governor under 
this Constitution shall be had at the time and places of voting for mem¬ 
bers of the Legislature and State officers, A. D. 1888, and the term of 
office of the Governor then elected shall begin on the first Tuesday 
after the first Monday in January after his election. 

Section 3. No person shall be eligible to the office of Governor who 
is not a qualified elector, and who has not been ten years a citizen of 

the United States, and five years a citizen and resident of the State of 

Florida, next preceding the time of his election; Provided, That these 
limitations of time shall not apply to the President of the Senate or 
Speaker of the House of Representatives when, under this Constitution, 

the powers and duties of the Governor shall devolve upon them. 

Section 4. The Governor shall be the commander-in-chief of the 
military forces of the State, except when they shall be called into the 
service of the United States. 

Section 5. The Governor shall transact all executive business with 
the officers of the government, civil and military, and may require in¬ 
formation in writing from the administrative officers of the executive 
department upon any subject relating to the duties of their respective 
offices. 

Section 6. The Governor shall take care that the laws be faithfullv 
executed. 


THE CONSTITUTION OF FLORIDA 


161 


Section 7 » When any office, from any cause, becomes vacant, and 
no mode is provided by this Constitution or by the laws of the State 
for filling such vacancy, the Governor shall have the power to fill such 
vacancy by granting a commission for the unexpired term. 

Section 8. The Governor may, on extraordinary occasions, convene 
the Legislature by proclamation, and shall in his proclamation state the 
purpose for which it is to be convened, and the Legislature when organ¬ 
ized shall transact no legislative business other than that for which it is 
especially convened, or such other legislative business as the Governor 
may call to its attention while in session, except by a two-thirds vote of 
each House. 

Section 9. The Governor shall communicate by message to the Leg¬ 
islature at each regular session information concerning the condition of 
the State, and recommend such measures as he may deem expedient. 

Section 10. In case of a disagreement between the two Houses with 
respect to the time of adjournment, the Governor shall have power to 
adjourn the Legislature to such time as he may think proper, provided 
it be not beyond the time fixed for the meeting of the next Legislature. 

Section ii. The Governor shall have power to suspend the collec¬ 
tion of fines and forfeitures, and grant reprieves for a period not ex¬ 
ceeding sixty days, for all offenses, except in cases of impeachment. In 
cases of conviction for treason he shall have power to suspend the exe¬ 
cution of sentence until the case shall be reported to the Legislature at 
its next session, when the Legislature shall either pardon, direct the 
execution of the sentence, or grant a further reprieve; and if the Legis¬ 
lature shall fail or refuse to make disposition of such case, the sentence 
shall be enforced at such time and place as the Governor may direct. 
He shall communicate to the Legislature, at the beginning of every ses¬ 
sion, every case of fine or forfeiture remitted, or reprieve, pardon or 
commutation granted, stating the name of the convict, the crime for 
which he was convicted, the sentence, its date, and the date of its re¬ 
mission, commutation, pardon or reprieve. 

Section 12. The Governor, Secretary of State, Comptroller, Attor¬ 
ney General and Commissioner of Agriculture, or a major part of them, 
of whom the Governor shall be one, may, upon such conditions and with 
such limitations and restrictions as they may deem proper, remit fines 
and forfeitures, commute punishment, and grant pardon after convic¬ 
tion, in all cases except treason and impeachment, subject to such regu¬ 


ll 


162 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


lations as may be prescribed by law relative to the manner of applying 
for pardons. 

Section 13. The Governor may, at any time, require the opinion of 
the justices of the Supreme Court as to the interpretation of any por¬ 
tion of this Constitution upon any question affecting his executive pow¬ 
ers and duties, and the justices shall render such opinion in writing. 

Section 14. All grants and commissions shall be in the name and 
under the authority of the State of Florida, sealed with the great seal 
of the State, signed by the Governor, and countersigned by the Secretary 
of State. 

Section 15. All officers that shall have been appointed or elected, 
and that are not liable to impeachment, may be suspended from office 
by the Governor for malfeasance, or misfeasance, or neglect of duty in 
office, for the commission of any felony, or for drunkenness or incom¬ 
petency, and the cause of suspension shall be communicated to the of¬ 
ficer suspended and to the Senate at its next session. And the Gov¬ 
ernor, by and with the consent of the Senate, may remove any officer, 
not liable to impeachment, for any cause above named. Every suspen¬ 
sion shall continue until the adjournment of the next session of the Sen¬ 
ate, uless the officer suspended shall, upon the recommendation of the 
Governor, be removed; but the Governor may reinstate the officer so 
suspended upon satisfactory evidence that the charge or charges against 
him are untrue. If the Senate shall refuse to remove, or fail to take 
action before its adjournment, the officer suspended shall resume the 
duties of the office. The Governor shall have power to fill by appoint¬ 
ment any office, the incumbent of which has been suspended. No of¬ 
ficer suspended who shall under this section resume the duties of his 
office, shall suffer any loss of salary or other compensation in conse¬ 
quence of such suspension. The suspension or removal herein author¬ 
ized shall not relieve the officer from indictment for any misdemeanor 
in office. 

Section 16. The Governor shall appoint all commissioned officers 
of the State Militia, including an adjutant general for the State, with 
rank of brigadier general, who shall be chief of staff. The duties and 
compensation of all officers so appointed shall be as fixed by law. The 
terms of office of all commissioned officers of the organized militia shall 
be continuous during the pleasure of the Governor; subject to such laws 
as may be enacted by the Legislature providing for their retirement for 
age or other causes. 


THE CONSTITUTION OF FLORIDA 


163 


Section 17. The Governor and the administrative officers of the 
executive department shall constitute a Board of Commissioners of State 
Institutions, which board shall have supervision of all matters connected 
with such institutions in such manner as shall be prescribed by law. 

Section 18. The Governor shall have power to disapprove of any 
item or items of any bills making appropriations of money embracing 
distinct items, and the part or parts of the bill approved shall be the 
law, and the item or items of appropriations disapproved shall be void, 
unless repassed according to the rules and limitations prescribed for the 
passage of other bills over the executive veto. 

Section 19. In case of the impeachment of the Governor, his re¬ 
moval from office, death, resignation or inability to discharge his official 
duties, the powers and duties of Governor shall devolve upon the Presi¬ 
dent of the Senate for the residue of the term, or until the disability 
shall cease; and in case of the impeachment, removal from office, death, 
resignation or inability of the President of the Senate, the powers and 
duties of the office shall devolve upon the Speaker of the House of 
Representatives. But should there be a general election for members 
of the Legislature during such vacancy, an election for Governor to fill 
the same shall be had at the same time. 

Section 20. The Governor shall be assisted by administrative of¬ 
ficers as follows: A Secretary of State, Attorney General, Comptroller, 
Treasurer, Superintendent of Public Instruction, and Commissioner of 
'Agriculture, who shall be elected at the same time as the Governor, and 
shall hold their offices for the same term; Provided, That the first elec¬ 
tion of such officers shall be had at the time of voting for Governor 
A. D. 1888. 

Section 21. The Secretary of State shall keep the records of of¬ 
ficial acts of the Legislature and executive departments of the govern¬ 
ment, and shall, when required, lay the same, and all matters relative 
thereto, before either branch of the Legislature; and shall be the custo¬ 
dian of the great seal of the State. He shall also have charge of the 
Capitol building and grounds, and perform such other duties as shall be 
prescribed by law. 

Section 22. The Attorney General shall be the legal adviser of the 
Governor, and of each of the officers of the executive department, and 
shall perform such other legal duties as may be prescribed by law. He 
shall be reporter for the Supreme Court. 


164 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Section 23. The Comptroller shall examine, audit, adjust and settle 
the accounts of all officers of the State and perform such other duties 
as may be prescribed by law. 

Section 24. The Treasurer shall receive and keep all funds, bonds, 
and other securities, in such manner as may be prescribed by law, and 
shall disburse no funds, nor issue bonds, or other securities, except upon 
the order of the Comptroller countersigned by the Governor, in such 
manner as shall be prescribed by law. 

Section 25. The Superintendent of Public Instruction shall have 
supervision of all matters pertaining to public instruction; the super¬ 
vision of State buildings devoted to educational purposes, and perform 
such other duties as the Legislature may provide by law. 

Section 26 The commissioner of Agriculture shall perform such 
duties in relation to agriculture as may be prescribed by law; shall have 
supervision of all matters pertaining to the public lands under regula¬ 
tions prescribed by law, and shall keep the bureau of immigration. He 
shall also have supervision of the State prison, and shall perform such 
other duties as may be prescribed by law. 

Section 27. Each officer of this department shall make a full re¬ 
port of his official acts, of the receipts and expenditures of his office, 
and of the requirements of the same, to the Governor at the beginning 
of each regular session of the Legislature, or whenever the Governor 
shall require it. Such reports shall be laid before the Legislature by the 
Governor at the beginning of each regular session thereof. Either 
House of the Legislature may at any time call upon any officer of this 
department for information required by it. 

Section 28. The administrative officers of the executive department 
shall be installed on the same day as the Governor. 

Section 29. The salary of the Governor of the State shall be thir¬ 
ty-five hundred dollars a year, of the Comptroller two thousand dollars, 
of the State Treasurer two thousand dollars, of the Secretary of State 
fifteen hundred dollars, of the Attorney General fifteen hundred dollars, 
of the Commissioner of Agriculture fifteen hundred dollars, of the Su¬ 
perintendent of Public Instruction fifteen hundred dollars, a year; Pro¬ 
vided, That no administrative officer of the executive department shall 
receive any additional compensation beyond his salary for any service or 
services rendered the State in connection with the internal improvement 
fund or other interests belonging to the State of Florida; Provided, 


THE CONSTITUTION OF FLORIDA 


165 


further, That the Legislature may after eight years from the adoption 
of this Constitution increase or decrease any or all of said salaries. 

Note.—The salary of the Governor is at present—1921—fixed at six 
thousand dollars per annum and the other officers mentioned in the above 
section receive four thousand five hundred dollars per annum. 

ARTICLE V 
Judiciary Department 

Section i. The judicial power of the State shall be vested in a Su¬ 
preme Court, Circuit Courts, Court of Record of Escambia County, 
Criminal Courts, County Courts, County Judges and Justices of the 
Peace and such other Courts or Commissions as the Legislature may from 
time to time ordain and establish. The Legislature may prescribe the 
compensation of the justices and judges of the several courts, but no 
court heretofore established under the Constitution and laws of Florida 
shall be hereby abolished. 

Section 2. The Supreme Court shall consist of three justices, ex¬ 
cept as hereinafter provided, who shall be elected by the qualified elec¬ 
tors of the State at the time and places of voting for members of the 
Legislature, and shall hold their office for the term of six years, except 
those first elected, one of whom, to be designated by lot in such manner 
as they may determine, shall hold his office for two years; another, to 
be designated in like manner, for four years, and the third for six years, 
so that one shall be elected every two years after the first election. The 
chief justice shall be designated by lot by said justices, and shall be such 
during his term of office. The first election for said justices shall take 
place at the first election for members of the Legislature after the rat¬ 
ification of this Constitution, and their term of office shall begin on the 
first Tuesday after the first Monday after their election. 

Upon ratification of this Amendment to the Constitution, the Gov¬ 
ernor, by and with the consent of the Senate, shall appoint three more 
justices of the Supreme Court, each of whom shall have the same powers 
and shall receive the same compensation as each of the other justices 
of the Supreme Court, and each of the justices so appointed shall hold 
office until the first Tuesday after the first Monday of June in the year 
1905, and may further hold office until his successor shall be elected and 
qualified, if it shall be so provided by law. For the year 1905 and for 


166 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


the subsequent years the Legislature may provide by law for the elec¬ 
tion of such number of justices of the Supreme Court as it may deter¬ 
mine, and prescribe their terms of office, not to exceed six years; Pro¬ 
vided, That the number of justices of the Supreme Court holding office 
at the same time shall not be less than three, and shall not be greater 
than six, and provided that no justice of the Supreme Court can by such 
an act of the Legislature be deprived of his office during the term for 
which he was elected. 

Section 3. No person shall ever be appointed or elected as a justice 
of the Supreme Court, or judge of a Circuit Court, or Criminal Court, 
that is not twenty-five years of age and an attorney at law. 

Section 4. The majority of the justices of the Supreme Court shall 
constitute a quorum for the transaction of all business. But when there 
shall be six justices of the Supreme Court, the court may hear and de¬ 
termine cases and exercise any of its powers when sitting either in a 
body or in two divisions, under such regulations as may be prescribed by 
law or by the rules of said court not inconsistent therewith. The con¬ 
currence of a majority of the members of the court sitting in any cause 
wherein the court shall sit as one body shall be necessary to a decision; 
and when any member of a division of the court shall dissent from the 
majority of such division on any question, such question shall be sub¬ 
mitted to the court sitting in a body. The number of terms of the Su¬ 
preme Court and the time of holding the same shall be regulated by law. 
All terms shall be held at the capital of the State. 

Section 5. The Supreme Court shall have appellate jurisdiction in 
all cases at law and in equity originating in Circuit Courts, and of ap¬ 
peals from the Circuit Courts in cases arising before judges of the 
county courts in matters pertaining to their probate jurisdiction and in 
the management of the estates of infants, and in cases of conviction 
of felony in the Criminal Courts, and in all criminal cases originating in 
the Circuit Courts. The court shall have the power to issue writs of 
mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also 
all writs necessary or proper to the complete exercise of its jurisdiction. 
Each of the justices shall have power to issue writs of habeas corpus 
to any part of the State upon petition by or on behalf of any person held 
in actual custody, and may make such writs returnable before himself 
or the Supreme Court, or any justice thereof, or before any circuit 
judge. 

Section 6. The Legislature shall have power to prescribe regulations 


THE CONSTITUTION OF FLORIDA 


167 


for calling into the Supreme Court a judge of the Circuit Court, to hear 
and determine any matters pending before the court in the place of any 
justice thereof, that shall be disqualified or disabled in such case from 
interest or other cause. 

Section 7. The Supreme Court shall appoint a clerk who shall have 
his office at the capital and shall be librarian of the Supreme Court li¬ 
brary. 

Section 8. There shall be eight circuit judges, who shall be ap¬ 
pointed by the Governor and confirmed by the Senate, and who shall 
hold their office for six years. 

The State shall be divided by the Legislature, at its first regular ses¬ 
sion after the adoption of this section, into eight judicial circuits, and 
one judge shall be assigned to each circuit. Such judge shall hold at 
least two terms of his court in each county within his circuit every year, 
and at such times and places as shall be prescribed by law, and may hold 
special terms. 

The Governor may, in his discretion, order a temporary exchange of 
circuits by the respective judges, or order any judge to hold one or more 
terms or part or parts of any term in any other circuit than that to 
which he is assigned. The judge shall reside in the circuit of which he 
is judge. 

This section shall not be operative until the Legislature shall have 
divided this State into eight circuits, as hereinbefore provided for, and 
the seven circuit judges holding office at the time of such division shall 
continue to exercise jurisdiction over their several existing circuits as 
constituted at the time of such division, until the judge of the addi¬ 
tional circuit shall have qualified. The circuit judges holding office at 
the time of such division shall severally continue in office until the ex¬ 
piration of their then existing term of office as judges of the circuits 
respectively in which, under such division, the county of his residence 
may be included; and a judge for the additional circuit shall be ap¬ 
pointed for a term equal to the unexpired term of the other circuit 
judges upon such division being made. The salary of each circuit judge 
shall be two thousand, seven hundred and fifty dollars. 

Note.—By authority granted in Section i. Article V, and Section 35, 
Article V, the Legislature has increased the number of judicial circuits 
and the salary of the circuit judges. 


168 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Section 9. The salary of the justices of the Supreme Court shall be 
three thousand dollars a year. The salary of each circuit judge shall 
be two thousand five hundred dollars a year. 

Note.—Changed by the Legislature under the authority granted by 
Section i, Article V. 

Section 10. Until otherwise defined by the Legislature the several 
judicial circuits of the State shall be as follows: 

The first judicial circuit shall be composed of the counties of Es¬ 
cambia, Santa Rosa, Walton, Holmes, Washington and Jackson. 

The second judicial circuit shall be composed of the counties of 
Gadsden, Liberty, Calhoun, Franklin, Leon, Wakulla and Jefferson. 

The third judicial circuit shall be composed of the counties of Mad¬ 
ison, Taylor, Lafayette, Hamilton, Suwannee and Columbia. 

The fourth judicial circuit shall be composed of the counties of Nas¬ 
sau, Duval, Baker, Bradford, Clay and St. Johns. 

The fifth judicial circuit shall be composed of the counties of Put¬ 
nam, Alachua, Levy, Marion and Sumter. 

The sixth judicial circuit shall be composed of the counties of Her¬ 
nando, Hillsboro, Manatee, Polk and Monroe. 

The seventh judicial circuit shall be composed of the counties of 
Volusia, Brevard, Orange and Dade. 

Note.—Changed by authority Section 35, Article V, see Chapter 3 
Title 3, Second Division, Revised General Statutes. 

Section ii. The Circuit Courts shall have exclusive original juris¬ 
diction in all cases in equity, also in all cases at law, not cognizable by 
inferior courts, and in all cases involving the legality of any tax, assess¬ 
ment, or toll; of the action of ejectment and of all actions involving the 
titles or boundaries of real estate, and all criminal cases not cognizable 
by inferior courts; and original jurisdiction of actions of forcible entry 
and unlawful detainer, and of such other matters as the Legislature may 
provide. They shall have final appellate jurisdiction in all civil and 
criminal cases arising in the county court, or before the county judge, 
of all misdemeanors tried in Criminal Courts, of judgments or sentences 
of any mayor’s court, and of all cases arising before justices of the peace 
in counties in which there is no county court; and supervision and ap¬ 
pellate jurisdiction of matters arising before county judges pertaining 
to their probate jurisdiction, or to the estates and interests of minors, 


THE CONSTITUTION OF FLORIDA 


169 


and of such other matters as the Legislature may provide. The Circuit 
Courts and judges shall have power to issue writs of mandamus, injunc¬ 
tion, quo warranto, certiorari, prohibition, habeas corpus and all writs 
proper and necessary to the complete exercise of their jurisdiction. 

Section 12. The Circuit Courts and circuit judges may have such 
extra territorial jurisdiction in chancery cases as may be prescribed by 
law. 

Section 13. It shall be the duty of the judges of the Circuit Courts 
to report to the attorney-general at least thirty days before each session 
of the Legislature such defects in the laws as may have been brought 
to their attention, and to suggest such amendments or additional legis¬ 
lation as may be deemed necessary. The attorney-general shall report to 
the Legislature at each session such legislation as he may deem advis¬ 
able. 

Section 14. A circuit judge may appoint in each county in his cir¬ 
cuit one or more attorneys at law to be court commissioners, who shall 
have power in the absence from the county of the circuit judge, to allow 
writs of injunction, and to issue writs of habeas corpus, returnable be¬ 
fore himself or the circuit judge. Their orders in such matters may be 
reviewed by the circuit judge, and confirmed, qualified or vacated. 
They may be removed by the circuit judge. The Legislature may confer 
upon them further powers, not judicial, and shall fix their compensation. 

Section 15. The Governor, by and with the consent of the Senate, 
shall appoint a state attorney in each judicial circuit, whose duties shall 
be prescribed by law, and who shall hold office for four years. There 
shall be elected in each county a sheriff, and a clerk of the Circuit Court, 

who shall also be clerk of the county court, except in counties where 

there are criminal courts, and of the Board of County Commissioners, 
and recorder and ex officio auditor of the county, each of whom shall 
hold office for four years. Their duties shall be prescribed by law. 

Section 16. There shall be in each county a county judge who shall 
be elected by the qualified electors of said county at the time and places 
of voting for other county officers and shall hold his office for four 
years. His compensation shall be provided for by law. 

Section 17. The county judge shall have original jurisdiction in all 

cases at law in which the demand or value of property involved shall not 

exceed one hundred dollars; of proceedings relating to the forcible entry 
or unlawful detention of lands and tenements; and of such criminal 
cases as the Legislature may prescribe. The county judge shall have 


170 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


jurisdiction of the^settlement of the estates of decedents and minors, to 
order the sale of real estate of decedents and minors, to take probate of 
wills, to grant letters testamentary and of administration and guardian¬ 
ship, and to discharge the duties usually pertaining to courts of probate 
He shall have the power of a committing magistrate and shall issue all 
licenses required by law to be issued in the county. 

Section i8. The Legislature may organize in such counties as it 
may think proper, county courts which shall have jurisdiction of all cases 
at law in which the demand or value of the property involved shall not 
exceed five hundred dollars; of proceedings relating to the forcible entry 
or unlawful detention of lands and tenements, and of misdemeanors, and 
final appellate jurisdiction in civil cases arising in the courts of justices 
of the peace. The trial of such appeals may be de novo at the option 
of appellant. The county judge shall be the judge of said court. There 
shall be elected by the qualified electors of said county, at the time when 
the said judge is elected, a prosecuting attorney for said county, who 
shall hold office for four years. His duties and compensation shall be 
prescribed by law. Such courts may be abolished at the pleasure of the 
Legislature. 

Section 19. When any civil case at law in which the judge is dis¬ 
qualified shall be called for trial in a circuit or county court, the parties 
may agree upon an attorney at law, who shall be judge ad litem, and 
shall preside over the trial of and make orders in said cause as if he 
were judge of the court. The parties may, however, transfer the cause 
to another Circuit Court or county court, as the case may be, or may have 
the case submitted to a referee. 

Section 20. Any civil cause may be tried before a practicing at¬ 
torney as referee upon the application of the parties and an order from 
the court in whose jurisdiction the case may be, authorizing such trial 
and appointing such referee. The referee shall keep a complete record 
of the case, including the evidence taken, and such record shall be filed 
with the papers in the case in the office of the clerk; and the cause shall 
be subject to an appeal in the manner prescribed by law. 

Section 21. The County Commissioners of each county shall divide 
it into as many justice districts, not less than two, as they may deem 
necessary. There shall be elected one justice of the peace for each of 
the said districts. He shall hold his office for four years. 

Section 22. The justices of the peace shall have jurisdiction in cases 
at law in which the demand or value of the property involved does not 


THE CONSTITUTION OF FLORIDA 


171 


exceed $100.00, and in which the cause of action accrued or the defend¬ 
ant resides in his district; and in such criminal cases, except felonies, as 
may be prescribed by law, and he shall have power to issue process for 
the arrest of all persons charged with felonies and misdemeanors not 
within his jurisdiction to try, and make the same returnable before him¬ 
self or the county judge for examination, discharge, commitment or bail 
of the accused. Justices of the peace shall have power to hold inquests 
of the dead. Appeal from justices of the peace courts in criminal cases 
may be tried de novo under such regulations as the Legislature may pre¬ 
scribe. 

Section 23. A constable shall be elected by the registered voters in 
each justice’s district, who shall perform such duties, and under such 
regulations as may be prescribed by law. 

Section 24. There shall be established in the county of Escambia, 
and upon application of a majority of the registered voters in such other 
counties as the Legislature 'may deem expedient, a Criminal Court of 
Record, and there shall be one judge for each of the said courts, who 
shall be appointed by the Governor and confirmed by the Senate, who 
shall hold his office for four years, and whose salary shall be one thou¬ 
sand dollars a year, the counties paying the salaries. 

Section 25. The said courts shall have jurisdiction of all criminal 
cases not capital which shall arise in said counties respectively. 

Section 26. There shall be six terms of said courts in each year. 

Section 27. There shall be for each of said courts a prosecuting at¬ 
torney, who shall be appointed by the Governor and confirmed by the 
Senate, and who shall hold his office for four years. His compensation 
shall be fixed by law. 

Section 28. All offenses triable in said court shall be prosecuted 
upon information under oath, to be filed by the prosecuting attorney, but 
the grand jury of the Circuit Court for the county in which said Crim¬ 
inal Court is held may indict for offenses triable in the Criminal Court. 
Upon the finding of such indictment the circuit judge shall commit or 
bail the accused for trial in the Criminal Court, which trial shall be upon 
information. 

Section 29. The county courts in counties where such criminal 
courts are established shall have no criminal jurisdiction and no prose¬ 
cuting attorney. 

Section 30. The clerk of said court shall be elected by the electors 
of the county in which the court is held and shall hold office for four 


172 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


years, and his compensation shall be fixed by law. He shall also be clerk 
of the county court. The sheriff of the county shall be the executive 
officer of said court, and his duties and fees shall be fixed by law. 

Section 31. The State attorney residing in the county where such 
court is held shall be eligible for appointment as county solicitor for said 
county. 

Section 32. Such court may be abolished by the Legislature. 

Section 33. When the office of any judge shall become vacant from 
any cause, the successor to fill such vacancy shall be appointed or elected 
only for the unexpired term of the judge whose death, resignation, re- 
tirement, or other cause created such vacancy. 

Section 34. The Legislature may establish in incorporated towns 
and cities, courts for the punishment of offenses against municipal or¬ 
dinances. 

Section 35. No courts other than herein specified shall be estab¬ 
lished in this State, except that the Legislature may provide for the cre¬ 
ation and establishment of such additional judicial circuits as may from 
time to time become necessary, and for the appointment by the Governor 
and confirmation by the Senate of additional circuit judges therefor, 
whose terms of office and general jurisdiction shall be the same as is 
herein provided for the circuit judges herein already provided for, and 
may clothe any railroad commission with judicial powers in all matters 
connected with the functions of their office. 

Section 36. All judicial officers in this State shall be conservators 
of the peace. 

Section 37. The style of all process shall be “The State of Florida,” 
and all prosecutions shall be conducted in the name and by the authority 
of the State. 

Section 38. The number of jurors for the trial of causes in any 
court may be fixed by law but shall not be less than six in any case. , 

Section 39. From and after the adoption of these amendments the 
Criminal Court of Record in and for Escambia county shall be known 
as the Court of Record in and for said county, and, in addition to their 

present jurisdiction, the said court, and the judge thereof, shall have, in 

Escambia county, concurrent with the Circuit Court of said county and 
the judge thereof, the same original jurisdiction of all other cases and 
matters and the same power and authority to issue all writs as the 

Circuit Court of said county and the judge thereof, excepting capital 

cases, and the power to summon and empanel a grand jury. The same 


THE CONSTITUTION OF FLORIDA 


173 


rules of procedure and practice and rights of trial by judges ad litem 
and referees which obtain in said Circuit Court shall obtain in said Court 
of Record. The Governor may, in his discretion, order any one of the 
circuit judges of the State to hold one or more terms or parts of terms 
of said Court of Record. 

Section 40. The Supreme Court of the State shall have appellate 
jurisdiction in all causes of which jurisdiction is granted to said Court 
of Record. Appeals and writs of error shall be prosecuted from the 
said Court of Record to the Supreme Court in accordance with the laws 
and rules governing such proceedings from the Circuit Court to the Su¬ 
preme Court. 

Section 41. All the provisions of the Constitution and all laws en¬ 
acted in consonance therewith pertaining to the said Criminal Court of 
Record and the officers thereof including the manner of the appointment 
or election and the terms of office and compensation of said officers, 
shall apply with like effect to the said Court of Record and the officers 
thereof, except as provided by these amendments. The present officers 
of said Criminal Court of Record shall be the officers of said Court of 
Record and discharge the duties and receive the emoluments of their 
respective offices until the expiration of their present terms of office. 
The salary of the judge of said Court of Record shall be two thousand 
five hundred dollars a year, payable quarterly by the county of Escam¬ 
bia, and may be increased by the Legislature. From and after the ex¬ 
piration of the term of office of the present judge, the judge of said 
Court of Record shall hold his office for four years. 

Section 42. There shall be another judge of the Circuit Court of 
Duval county in addition to the circuit judge of the circuit in which said 
county is situated. Such additional circuit judge shall be appointed by 
the Governor and confirmed by the Senate, and shall hold office for 
six (6) years, and shall receive the same salary and allowances for ex¬ 
penses as other circuit judges, but the same shall be paid by the county 
of Duval out of the general revenue of said county. He shall have all 
the powers and perform all the duties that are or may be provided or 
prescribed by the Constitution or by statute for circuit judges, and all 
statutes concerning circuit judges shall apply to him. The distribution 
of the business of the Circuit Court of Duval county between the two 
circuit judges and the allotment or assignment of matters and cases to 
be heard, decided, ordered, tried, decreed or adjudged shall be controlled 


174 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


or made when necessary by the judge of said court who shall have the 
older commission in force at the time. Such additional circuit judge shall 
reside in Duval county. 


ARTICLE VI 
Suffrage and Eligibility 

Section i. Every male person of the age of twenty-one years and 
upwards that shall, at the time of registration, be a citizen of the United 
States, and that shall have resided and had his habitation, domicile, home 
and place of permanent abode in Florida for one year and in the county 
for six months, shall in such county be deemed a qualified elector at 
all elections under this Constitution. Naturalized citizens of the United 
States at the time of and before registration shall produce to the reg¬ 
istration officers his certificate of naturalization or a duly certified copy 
thereof. 

Section 2. The Legislature, at its first session after the ratification 
of this Constitution, shall provide by law for the registration of all 
the legally qualified voters in each county, and for the returns of elec¬ 
tions; and shall also provide that after the completion, from time to 
time, of such registration, no person not duly registered according to law 
shall be allowed to vote. 

Section 3. Every elector shall at the time of his registration take 
and subscribe to the following oath: “I do solemnly swear (or affirm) 
that I will protect and defend the Constitution of the United States and 
of the State of Florida, that I am twenty-one years of age, and have 
been a resident of the State of Florida for twelve months and of this 
county for six months, and I am qualified to vote under the Constitution 
and laws of the State of Florida.” 

Section 4. No person under guardianship, non compos mentis or 
insane shall be qualified to vote at any election, nor shall any person 
convicted of felony by a Court of Record be qualified to vote at any elec¬ 
tion unless restored to civil rights. 

Section 5. The Legislature shall have power to, and shall, enact 
the necessary laws to exclude from every office of honor, power, trust 
or profit, civil or military, within the State, and from the right of suf¬ 
frage, all persons convicted of bribery, perjury, larceny, or of infamous 
crime, or who shall make, or become directly or indirectly interested in, 


THE CONSTITUTION OF FLORIDA 


175 


any bet or wager, the result of which shall depend upon any election; 
or that shall hereafter fight a duel or send or accept a challenge to fight, 
or that shall be a second to either party, or that shall be the bearer of 
such challenge or acceptance; but the legal disability shall not accrue 
until after trial and conviction by due form of law. 

Section 6. In all elections by the Legislature the vote shall be viva 
voce, and in all elections by the people the vote shall be by ballot. 

Section 7. (Repealed at general election 1894.) 

Section 8. The Legislature shall have power to make the payment 
of the capitation tax a prerequisite for voting, and all such taxes re¬ 
ceived shall go into the school fund. 

Section 9. The Legislature shall enact such laws as will preserve 
the purity of the ballot given under this Constitution. 

ARTICLE VII 
Census and Apportionment 

Section i. The Senators representing the odd numbered districts, 
as said districts are now designated, whose terms have not expired, and 
those Senators representing even numbered districts, to be elected A. D. 
1886, under the Constitution of 1868, shall be the first Senate under this 
Constitution; and the members of the assembly to be elected A. D. 1886 
shall be the first House of Representatives under this Constitution, and 
the Senate and House of Representatives thus constituted shall be the 
first Legislature under this Constitution, and the terms of office of each 
of the said Senators and members of the House of Representatives shall 
expire at the election for. Senators and members of the House of Rep¬ 
resentatives A. D. 1888, and in that year a new Senate and House of 
Representatives shall be elected. 

Section 2. The Legislature shall consist of not more than thirty- 
two members of the Senate and of not more than sixty-eight members 
of the House of Representatives. The members of the House of Rep¬ 
resentatives shall be elected for terms of two years and the members of 
the Senate shall be elected for terms of four years, except as hereinafter 
provided. The elections for members of the House of Representatives 
and Senate shall be at the same time and places. The terms of office of 
the Senators elected in October, A. D. 1896, shall expire on the first Tues- 


176 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


day after the first Monday in November, A. D. 1900, and the terms of 
those elected in November, A. D. 1898, shall expire on the first Tuesday 
after the first Monday in November, A. D. 1902, and thereafter all Sen¬ 
ators shall be elected for four years. 

Section 3. The Legislature that shall meet A. D. 1887, and those 
that shall meet every ten years thereafter, shall apportion the represen¬ 
tation in the Senate, the whole number of Senators not to exceed thirty- 
two members; and at the same time shall also apportion the representa¬ 
tion in the House of Representatives, the whole number of Representa¬ 
tives not to exceed sixty-eight members. The representation in the 
House of Representatives shall be apportioned among the several coun¬ 
ties as nearly as possible according to population; Provided, Each county 
shall have one representative at large in the House of Representatives 
and no county shall have more than three Representatives. 

Section 4. Where any senatorial district is composed of two or 
more counties, the counties of which such district consists shall not be 
entirely separated by any county belonging to another district. Any 
new county that may be created shall be entitled to one member in the 
House of Representatives in excess of the limit prescribed in Section 2 
of this Article until the apportionment following next thereafter, and 
shall be assigned when created to one of the adjoining senatorial dis¬ 
tricts as shall be determined by the Legislature. 

Section 5. The Legislature shall provide for an enumeration of all 
the inhabitants of the State by counties for the year 1895, and every ten 
years thereafter. 


ARTICLE VHI 
Counties and Cities 

Section i. The State shall be divided into political divisions to be 
called counties. 

Section 2. The several counties as they now exist are hereby recog¬ 
nized as the legal political divisions of the State. 

Section 3. The Legislature shall have power to establish new coun¬ 
ties, and to change county lines. Every newly established county shall 
be held liable for its proportion of the then existing liabilities of the 
county or counties from which it shall be formed, rated upon the basis 
of the assessed value of the property, both real and personal, subject to 


THE CONSTITUTION OF FLORIDA 


177 


taxation within the territory taken from any county or counties; and 
every county acquiring additional territory from another county shall 
be held liable for its proportion of the liabilities of such other county 
existing at the time of such acquisition, to be rated upon the basis of the 
assessed value of all property subject to taxation within such acquired 
territory. 

Note.—The Legislature of 1921 submitted a proposed amendment to 
the above section. If ratified by the electors in 1922 the Senators will 
number 38 and the number of representatives will be increased, depending 
upon the population of the counties. 

Section 4. The Legislature shall have no power to remove the 
county seat of any county, but shall provide by general law for such re¬ 
moval ; Provided, That in the formation of new counties the county seat 
may be temporarily established by law. 

Section 5. Immediately upon the ratification of this amendment the 
county commissioners of the several counties of this State shall divide 
their respective counties into five commissioners’ districts, to be num¬ 
bered respectively from one to five, inclusive, and each district shall be 
as nearly as possible equal in proportion to population, and thereafter 
there shall be in each of such districts a county commissioner, who shall 
be elected by the qualified electors of said county, at the time and place 
of voting for other county officers, and shall hold his office for two 
years. The powers, duties and compensation of such county commis¬ 
sioners shall be prescribed by law: Provided, That nothing herein shall 
affect the terms of commissioners holding office at the time of such divi¬ 
sion : Provided, further. That all vacancies occurring by limitation of 
terms, or from death, resignation or otherwise, before the election of 
1902, shall be filled by appointment by the Governor, as now provided by 
law. 

Section 6. The Legislature shall provide for the election by the 
qualified electors in each county of the following county officers: a 
Clerk of the Circuit Court, a Sheriff, Constables, a County Assessor of 
Taxes, a Tax Collector, a Superintendent of Public Instruction and a 
County Surveyor. The term of office of all county officers mentioned 
in this section shall be for four years, except that of County Assessor 
of Taxes and County Tax Collector, who shall be elected for two years 
until at the general election to be held in the year A. D. 1916, when and 
after which they shall be elected for a term of four years. Their pow¬ 
ers, duties and compensation shall be prescribed by law. The Legisla- 


12 


178 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


ture shall provide by law for the care and custody of all county funds 
and shall provide the method of reporting and paying out all such funds. 

Provided, County Treasurers elected in general election held in 1914 
shall hold office for the term elected. 

Section 7. The Legislature shall by law authorize the county com¬ 
missioners of the several counties, where it is deemed necessary for as¬ 
sessment purposes, to divide their respective counties into taxation dis¬ 
tricts, and to appoint in and for each district an assistant assessor of 
taxes, whose powers, duties and compensation shall be prescribed by law. 
All county officers, except assistant assessors of taxes, shall before en¬ 
tering upon the duties of their respective offices, be commissioned by the 
Governor; but no such commission shall issue to any such officer untli 
he shall have filed with the Secretary of State a good and sufficient bond 
in such sum and upon such conditions as the Legislature shall by law 
prescribe, approved by the county commissioners of the county in which 
said officer resides, and by the comptroller. No county officer shall be¬ 
come security upon the official bond of any other county officer. If any 
person elected or appointed to any county office shall fail to give bond 
and qualify within sixty days after his election, the said office shall be¬ 
come vacant. 

Section 8. The Legislature shall have power to establish and to 
abolish municipalities, to provide for their government, to prescribe their 
jurisdiction and powers, and to alter or amend the same at any time. 
When any municipality shall be abolished, provision shall be made for 
the protection of its creditors. 

ARTICLE IX 
Taxation and Finance 

Section i. The Legislature shall provide for a uniform and equal 
rate of taxation, and shall prescribe such regulations as shall secure a 
just valuation of all property, both real and personal, excepting such 
property as may be exempted by law for municipal, educational, liter¬ 
ary, scientific, religious or charitable purposes. 

Section 2. The Legislature shall provide for raising revenue suf¬ 
ficient to defray the expenses of the State for each fiscal year, and also 
a sufficient sum to pay the principal and interest of the existing indebt¬ 
edness of the State. 


THE CONSTITUTION OF FLORIDA 


179 


Section 3. No tax shall be levied except in pursuance of law. 

Section 4. No money shall be drawn from the treasury except in 
pursuance of appropriations made by law. 

Section 5. The Legislature shall authorize the several counties and 
incorporated cities'or towns in the State to assess and impose taxes for 
county and municipal purposes, and for no other purposes, and all prop¬ 
erty shall be taxed upon the principles established for State taxation. 
But the cities and incorporated towns shall make their own assessments 
for municipal purposes upon the property within their limits. The Leg¬ 
islature may also provide for levying a special capitation tax,’ and a tax 
on licenses. But the capitation tax shall not exceed one dollar a year 
and shall be applied exclusively to common school purposes. 

Section 6. The Legislature shall have power to provide for issuing 
State bonds only for the purpose of repelling invasion or suppressing 
insurrection, or for the purpose of redeeming or refunding bonds al¬ 
ready issued, at a lower rate of interest. 

Section 7. No tax shall be levied for the benefit of any chartered 
company of the State, nor for paying interest on any bonds issued by 
such chartered companies, or by counties, or by corporations, for the 
above mentioned purpose. 

Section 8. No person or corporation shall be relieved by any court 
from the payment of any tax that may be illegal, or illegally, or irreg¬ 
ularly assessed, until he or it shall have paid such portion of his or its 
taxes as may be legal, and legally and regularly assessed. 

Section 9 There shall be exempted from taxation property to the 
value of five hundred dollars to every widow that has a family depend¬ 
ent on her for support, and to every person who is a bona fide resident 
of the State and has lost a limb or been disabled in war or by misfor¬ 
tune. 

Section 10. The credit of the State shall not be pledged or loaned to 
any individual, company, corporation or association; nor shall the State 
become a joint owner or stockholder in any company, association or cor¬ 
poration. The Legislature shall not authorize any county, city, borough, 
township or incorporated district to become a stockholder in any com¬ 
pany, association or corporation, or to obtain or appropriate money for, 
or to loan its credit to, any corporation, association, institution or indi¬ 
vidual 


180 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


ARTICLE X 

Homestead and Exemptions 

Section i. A homestead to the extent of one hundred and sixty 
acres of land, or the half of one acre within the limits of any incor¬ 
porated city or town, o.wned by the head of a family residing in this 
State, together with one thousand dollars’ worth of personal property, 
and the improvements on the real estate, shall be exempt from forced 
sale under process of any court, and the real estate shall not be alienable 
without the joint consent of husband and wife, when that relation exists. 
But no property shall be exempt from sale for taxes or assessments, or 
for the payment of obligations contracted for the purchase of said prop¬ 
erty, or for the erection or repair of improvements on the real estate 
exempted, or for house, field or other labor performed on the same. 
The exemption herein provided for in a city or town shall not extend 
to more improvements or buildings than the residence and business house 
of the owner; and no judgment or decree or execution shall be a lien 
upon exempted property except as provided in this article. 

Section 2. The exemptions provided for in section one shall inure 
to the widow and heirs of the party entitled to such exemption, and shall 
apply to all debts, except as specified in said section. 

Section 3. The exemptions provided for in the Constitution of this 
State adopted in 1868 shall apply as to all debts contracted and judg¬ 
ments rendered since the adoption thereof and prior to the adoption 
of this Constitution. 

Section 4. Nothing in this article shall be construed to prevent the 
holder of a homestead from alienating his or her homestead so exempted 
by deed or mortgage duly executed by himself or herself, and by hus¬ 
band and wife, if such relation exists; nor if the holder be without chil¬ 
dren to prevent him or her from disposing of his or her homestead by 
will in a manner prescribed by law. 

Section 5. No homestead provided for in section one shall be re¬ 
duced in area on account of its being subsequently included within the 
limits of an incorporated city or town, without the consent of the owner. 

Section 6. The Legislature shall enact such laws as may be neces¬ 
sary to enforce the provisions of this article. 


THE CONSTITUTION OF FLORIDA 


181 


ARTICLE XI 
Married Women’s Property 

Section i. All property, real and personal, of a wife owned by her 
before marriage, or lawfully acquired afterwards by gift, devise, be¬ 
quest, descent, or purchase, shall be her separate property, and the same 
shall not be liable for the debts of her husband without her consent 
given by some instrument in writing, executed according to the law re¬ 
specting conveyances by married women. 

Section 2. A married woman’s separate real or personal property 
may be charged in equity and sold, or the uses, rents and profits thereof 
sequestrated for the purchase money thereof; or for money or thing 
due upon any agreement made by her in writing for the benefit of her 
separate property; or for the price of any property purchased by her, or 
for labor and material used with her knowledge or assent in the con¬ 
struction of buildings, or repairs, or improvements upon her property, 
or for agricultural or other labor bestowed thereon, with her knowl¬ 
edge and consent. 

Section 3. The Legislature shall enact such laws as shall be neces¬ 
sary to carry into effect this article. 

ARTICLE XII 
Education 

Section i. The Legislature shall provide for a uniform system of 
public free schools, and shall provide for the liberal maintenance of the 
same. 

Section 2. There shall be a superintendent of public instruction, 
whose duties shall be prescribed by law, and whose term of office shall 
be for four years and until the election and qualification of his suc¬ 
cessor. 

Section 3. The Governor, Secretary of State, Attorney General, 
State Treasurer and State Superintendent of Public Instruction shall 
constitute a body corporate, to be known as the State Board of Educa¬ 
tion of Florida, of which the Governor shall be president, and the Su¬ 
perintendent of Public Instruction secretary. This board shall have 
power to remove any subordinate school officer for cause upon notice 


182 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


to the incumbent; and shall have the management and investment of all 
State school funds under such regulations as may be prescribed by law, 
and such supervision of schools of higher grades as the law shall provide. 

Section 4. The State School Fund, the interest of which shall be 
exclusively applied to the support and maintenance of public free schools, 
shall be derived from the following sources: 

The proceeds of all lands that have been or may hereafter be 
granted to the State by the United States for public school purposes. 

Donations to the State when the purpose is not specified. 

Appropriations by the State. 

The proceeds of escheated property or forfeitures. 

Twenty-five per cent of the sales of public lands which are now or 
may hereafter be owned by the State. 

Section 5. The principal of the State School Fund shall remain 
sacred and inviolate. 

Section 6. A special tax of one mill on the dollar of all taxable 
property in the State, in addition to the other means provided, shall be 
levied and apportioned annually for the support and maintenance of pub¬ 
lic free schools. 

Section 7. Provision shall be made by law for the apportionment 
and distribution of the interest on the State School Fund, and all other 
means provided, including the special tax, for the support and mainte¬ 
nance of public free schools among the several counties of the State in 
proportion to the average attendance upon schools in the said counties 
respectively. 

Section 8. Each county shall be required to assess and collect annu¬ 
ally for the support of the public free schools therein, a tax of not less 
that three (3) mills, nor more than ten (10) mills on the dollar on all 
taxable property in the same. 

Section 9. The county school fund shall consist, in addition to the 
tax provided, for in section eight of this article, of the proportion of 
the interest of the State school fund and of the one mill State tax ap¬ 
portioned to the county; the net proceeds of all fines collected under 
the penal laws of the State within the county; all capitation taxes col¬ 
lected within the county; and shall be disbursed by the county board 
of public instruction solely for the maintenance and support of public 
free schools. 

Section 10. The Legislature may provide for the division of any 
county or counties into convenient school districts; and for the election 


THE CONSTITUTION OF FLORIDA 


183 


biennially of three school trustees, who shall hold their office for two 
years, and who shall have the supervision of all the schools within the 
district; and for the levying and collection of a district school tax, for 
the exclusive use of public free schools within the district, whenever a 
majority of the qualified electors thereof that pay a tax on real, or per¬ 
sonal property shall vote in favor of such levy; Provided, That any tax 
authorized by this section shall not exceed three mills on the dollar in 
any one year on the taxable property of the district. 

Note.—The Legislature of 1921 submitted a proposed amendment to 
the above section, which if ratified in 1922 by the electors will increase 
the amount of tax millage which may be levied by special school districts 
to 10 mills. 

Section ii. Any incorporated town or city may constitute a school 
district. The fund raised by section ten may be expended in the district 
where levied for building or repairing school houses, for the purchase 
of school libraries and text-books, for salaries of teachers, or for other 
educational purposes, so that the distribution among all the schools of 
the district be equitable. 

Section 12. White and colored children shall not be taught in the 
same school, but impartial provision shall be made for both. 

Section 13. No law shall be enacted authorizing the diversion or 
the lending of any county or district school funds, or the appropriation 
of any part of the permanent or available school fund to any other than 
school purposes; nor shall the same, or any part thereof, be appropriated 
to or used for the support of any sectarian school. 

Section 14. The Legislature at its first session shall provide for 
the establishment, maintenance and management of such normal schools, 
not to exceed two, as the interests of public education may demand. 

Section 15. The compensation of all county officers shall be paid 
from the school fund of their respective counties, and all other county 
officers receiving stated salaries shall be paid from the general fund of 
their respective counties. 

Section 16. (Proposed section defeated at general election of 1908.)' 

Section 17. The Legislature may provide for Special Tax School 
Districts, to issue bonds for the exclusive use of public free schools 
within any such Special Tax School District, whenever a majority of the 
qualified electors thereof, who are free holders, shall vote in favor of 
the issuance of such bonds. . ^ 


184 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Whenever any such Special Tax School District has voted in favor 
of the issuance of such bonds, a tax not to exceed five mills on the dol¬ 
lar, in any one year, on the taxable property within the district voting 
for the issue of bonds shall be levied in accordance with law providing 
for the levying of taxes, to become a fund for the payment of the in¬ 
terest and redemption of such bonds. 

ARTICLE XIII 
Public Institutions 

Section i. Institutions for the benefit of the insane, blind and deaf, 
and such other benevolent institutions as the public good may require, 
shall be fostered and supported by the State, subject to such regulations 
as may Ee prescribed by law. 

Section 2. A State prison shall be established and maintained in 
such manner as may be prescribed by law. Provision may be made by 
law for the establishment and maintenance of a house of refuge for 
juvenile offenders; and the Legislature shall have power to establish a 
home and work-house for common vagrants. 

Section 3. The respective counties of the State shall provide in the 
manner prescribed by law for those of the inhabitants that by reason of 
age, infirmity or misfortune, may have claims upon the aid and sym¬ 
pathy of society. 

Section 4. The first Legislature that convenes after the adoption of 
this Constitution shall enact the necessary laws to carry into effect the 
provisions of this article. 


ARTICLE XIV 
Militia 

Section i. All able-bodied male inhabitants of the State, between 
the ages of eighteen and forty-five years, that are citizens of the United 
States, or have declared their intention to become citizens thereof, shall 
constitute the militia of the State; but no male citizens of whatever re¬ 
ligious creed or opinion, shall be exempt from military duty except upon 
such conditions as may be prescribed by law. 


THE CONSTITUTION OF FLORIDA 


185 


Section 2. The Legislature may provide by law for organizing and 
disciplining the militia of the State, for the encouragement of volunteer 
corps, the safe keeping of the public arms, and for a guard for the State 
prison. 

Section 3. The Governor, by and with the consent of the Senate, 
shall appoint two major-generals and four brigadier-generals of militia. 
They shall rank according to the dates of their commissions. The of¬ 
ficers and soldiers of the State militia, when uniformed, shall wear the 
uniform prescribed for the United States army; Provided, That volun¬ 
teer companies may select their own uniforms. 

Section 4. The Governor shall have power to call out’ the militia 
to preserve the public peace, to execute the laws of the State, to suppress 
insurrection, or' repel invasion. 

ARTICLE XV 

Public Health 

Section i. The Legislature shall establish a State board of health 
and also county boards of health in all counties where it may be neces¬ 
sary. 

Section 2. The State board of health shall have supervision of all 
matters relating to public health, with such duties, powers and respon¬ 
sibilities as may be prescribed by law. 

Section 3. The county boards of health shall have such powers and 
be under the supervision of the State board to such extent as the Legis¬ 
lature may prescribe. 


ARTICLE XVI 
Miscellaneous Provisions 

Section i. The seat of government shall be at the city of Tallahas¬ 
see, in the county of Leon. 

Section 2. Each and every officer of this State, including the mem¬ 
bers of the Legislature, shall before entering upon the discharge of his 
official duties takes the following oath of office: “I do solemnly swear 
(or affirm) that I will support, protect, and defend the Constitution 
and Government of the United States and of the State of Florida; that 


186 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


I am duly qualified to hold office under the Constitution of the State, 

and that I will well and faithfully perform the duties of - 

on which I am now about to enter. So help me God.” 

Section 3. The salary of each officer shall be payable quarterly upon 
his own requisition. 

Section 4. All county officers shall hold their respective offices, and 
keep their official books and records, at the county seats of their coun¬ 
ties; and the clerk and sheriff shall either reside, or have a sworn dep¬ 
uty, within two miles of the county seat. 

Section 5. The Legislature may provide for the donation of the 
public lands to actual settlers, but such donation shall not exceed eighty 
acres to any one person. 

Section 6. The Legislature shall provide for the speedy publication 
and distribution of all laws it may enact. Decisions of the Supreme 
Court and all laws and judicial decisions shall be free for publication by 
any person. But no judgment of the Supreme Court shall take effect un¬ 
til the decision of the court in such case shall be filed with the clerk of 
said court. 

Section 7. The Legislature shall not create any office, the term of 
which shall be longer than four years. 

Section 8. A plurality of votes given at an election of officers shall 
constitute a choice when not otherwise provided by this Constitution. 

Section 9. In all criminal cases prosecuted in the name of the State,, 
when the defendant is insolvent or discharged, the legal costs and ex¬ 
penses, including the fees of officers, shall be paid by the counties where 
the crime is committed, under such regulations as shall be prescribed by 
law; and all fines and forfeitures collected under the penal laws of the 
State shall be paid into the county treasuries of the respective counties, 
as a general county fund to be applied to such legal costs and expenses. 

Section 10. The Governor, Supreme Court and all the administra¬ 
tive officers of the executive department shall keep their offices at the 
seat of government. But in case of invasion or violent epidemics the 
Governor may direct that the offices of the government be removed tem¬ 
porarily to some other place. The sessions of the Legislature may be 
adjourned for the same cause to some other place, but in case of such 
removal all the departments of the government shall be removed to one 
place. But such removal shall not continue longer than the necessity for 
the same shall continue. 



THE CONSTITUTION OF FLORIDA 


187 


Section ii. No extra compensation shall be made to any officer, 
agent, employe, or contractor after the service shall have been rendered, 
or the contract made; nor shall any money be appropriated or paid on 
any claim the subject matter of which shall not have been provided for 
by pre-existing laws, unless such compensation or claim be allowed by 
bill passed by two-thirds of the members elected to each House of the 
Legislature. 

Section 12. The present seal of the State shall remain the seal of 
the State of Florida. The State flag shall be of the following propor¬ 
tions and description: Depth to be three-fourths length of flag. The 
seal of the State, of diameter one-third of the flag, in the ‘center of a 
white ground; red bars, in width one-eighth the length of flag extending 
from each corner toward the center, to the outer rim of the seal. 

Section 13. The sureties upon the official bonds of all State, county, 
and municipal officers shall be residents of, and have sufficient visible 
property unencumbered within the State, not exempt from sale under 
legal process, to make good their bonds; and the sureties upon the of¬ 
ficial bonds of all county and municipal officers shall reside within the 
county where their principals upon such bonds reside, and shall have 
sufficient visible and unencumbered property in such county that is not 
exempt from sale under legal process to make good their liability on 
such bonds; Provided, That any duly organized and responsible guarantee 
or surety company, either foreign or domestic, lawfully doing business 
in this State, may become and be accepted as surety on all such official 
bonds. 

Section 14. All State, county and municipal officers shall continue 
in office after the expiration of their official terms until their successors 
are duly qualified. 

Section 15. No person holding or exercising the functions of any 
office under any foreign government, under the government of the 
United States, or under any other State, shall hold any office of honor 
or profit under the government of this State; and no person shall hold, 
or perform the functions of, more than one office under the government 
of this State at the same time; Provided, Notaries public, militia officers, 
county school officers and commissioners of deeds may be elected or ap¬ 
pointed to fill any legislative, executive or judicial office. 

Section 16. The property of all corporations, except the property 
of a corporation which shall construct a ship or barge canal across the 
peninsula of Florida, if the Legislature shall so enact, whether hereto- 


188 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


fore or hereafter incorporated, shall be subject to taxation unless such 
property be held and used exclusively for religious, scientific, municipal, 
educational, literary or charitable purposes. 

Section 17. No person shall hold any office of trust or profit under 
the laws of this State without devoting his personal attention to the du¬ 
ties of the same. 

Section 18. The Legislature shall provide for deductions from the 
salaries of public officers who neglect the performance of any duty as¬ 
signed them by law. 

Section 19. No convention nor Legislature of this State shall act 
upon any amendment of the Constitution of the United States proposed 
by Congress to the several states, unless such convention or Legislature 
shall have been elected after such amendment is submitted. 

Section 20. The Governor and every State officer are hereby pro¬ 
hibited from giving certificates of election or other credentials to any 
person as having been elected to the House of Representatives of the 
United States Congress, or the United States Senate, who has not been 
five years a citizen of the State and ten years a citizen of the United 
States, and a qualified voter. 

Section 21. Deeds and mortgages which have been proved for rec¬ 
ord and recorded according to law, shall be taken as prima facie evi¬ 
dence in the courts in this State without requiring proof of the execution. 
A certified copy of the record of any deed or mortgage that has been or 
shall be duly recorded according to law shall be admitted as prima facie 
evidence thereof, and of its due execution with like effect as the original 
duly proved; Provided, It be made to appear that the original is not 
within the custody or control of the party offering such copy. 

Section 22. The Legislature shall provide for giving to mechanics 
and laborers an adequate lien on the subject matter of their labor. 

Section 23. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war except in 
the manner prescribed by law. 

Section 24. All marriages between a white person and a negro, or 
between a white person and a person of negro descent to the fourth gen¬ 
eration, inclusive, are hereby forever prohibited. 

Section 25. The term felony, whenever it may occur in this Consti¬ 
tution or in the laws of the State, shall be construed to mean any crim¬ 
inal offense punishable with death or imprisonment in the State peni¬ 
tentiary. 


THE CONSTITUTION OF FLORIDA 


189 


Section 26. The Legislature may make provision for the proper ad¬ 
justment and settlement of the claim of the citizens of Ocala against the 
State for certain aid given by the town of Ocala for the establishment 
of the East Florida Seminary in 1852, and conditional upon its location 
at the said town. 

Section 27. The Legislature shall appropriate at least five hundred 
dollars each year for the purchase of such-books for the Supreme Court 
library as the court may direct. 

Section 28. The Legislature may provide for the drainage of the 
land of one person over or through that of another, upon just compen¬ 
sation therefor to the owner of the land over which such. drainage is 
had. 

Section 29. No private property nor right of way shall be appro¬ 
priated to the use of any corporation or individual until full compen¬ 
sation therefor shall be first made to the owner, or first secured to him 
by deposit of money; which compensation, irrespective of any benefit 
from any improvement proposed by such corporation or individual, shall 
be ascertained by a jury of twelve men in a court of competent juris¬ 
diction, as shall be prescribed by law. 

Section 30. The Legislature is invested with full power to pass laws 
for the correction of abuses and to prevent unjust discrimination and ex¬ 
cessive charges by persons and corporations engaged as common car¬ 
riers in transporting persons and property, or performing other services 
of a public nature; and shall provide for enforcing such laws by ade¬ 
quate penalties or forfeitures. 

Section 31. No railroad or other transportation company or com¬ 
mon carrier in this State shall grant a free pass, or discount the fare 
paid by the public generally, to any member of the Legislature, or to any 
salaried officer of this State, and the Legislature shall prohibit the grant¬ 
ing or receiving such free pass, or fare at a discount, by suitable pen¬ 
alties. 

ARTICLE XVII 
Amendments 

Section i. Either' branch of the Legislature, at a regular session 
thereof, may propose amendments to this Constitution; and if the same 
be agreed to by three-fifths of all the members elected to each House, 
such proposed amendments shall be entered upon their respective journals 


190 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


with the yeas and nays, and published in one newspaper in each county 
where a newspaper is published, for three months immediately preced¬ 
ing the next general election of representatives, at which election the 
same shall be submitted to the electors of the State for approval or re¬ 
jection. If a majority of the electors voting upon the amendments at 
such election shall adopt the amendments the same shall become a part 
of the Constitution. The proposed amendments shall be so submitted 
as to enable the electors to vote on each amendment separately. 

Section 2. If at any time the Legislature, by a vote of two-thirds of 
all the members of both Houses, shall determine that a revision of this 
Constitution is necessary, such determination shall be entered upon their 
respective journals, with the yeas and nays thereon. Notice of said 
action shall be published weekly in one newspaper in every county in 
which a newspaper is published, for three months preceding the next 
general election of represenatives, and in those counties where no news¬ 
paper is published, notice shall be given by posting at the several polling 
precincts in such counties for six weeks next preceding said election. 
The electors at said election may vote for or against the revision in 
question. If a majority of the electors so voting be in favor of revision, 
the Legislature chosen at such election shall provide by law for a con¬ 
vention to revise the Constitution, said convention to be held within six 
months after the passage of such law. The convention shall consist of a 
number equal to the membership of the House of Representatives, and 
shall be apportioned among the several counties in the same manner as 
members of said House. 


ARTICLE XVHI 
Schedule 

Section i. The Constitution adopted A. D. 1868, with amendments 
thereto, is declared to be superseded by this Constitution; But all rights, 
actions, claims and contracts, both as respects individuals and bodies cor¬ 
porate, shall continue to be as valid as if this Constitution had not been 
adopted. And all fines, taxes, penalties and forfeitures due and owing 
to the State of Florida under the Constitution of 1868, shall inure to the 
use of the State under this Constitution. 

Section 2. All laws now in force not inconsistent with this Constitu¬ 
tion shall continue in force until they shall expire by their own limita¬ 
tion, or be repealed by the Legislature. 


THE CONSTITUTION OF FLORIDA 


191 


Section 3. All persons holding any office or appointment at the rat¬ 
ification of this Constitution shall continue in the exercise of the duties 
thereof, according to their respective commissions or appointments, and 
until their successors are duly qualified, unless by this Constitution other¬ 
wise provided. 

Section 4. Nothing contained in this Constitution shall operate to 
vacate the office of Lieutenant-Governor until the expiration of his pres¬ 
ent term. 

Section 5. All vacancies occurring by limitation of terms before the 
general election of 1888 shall be filled as provided for by law under the 
Constitution of 1868. 

Section 6. The term of office for all appointees to fill vacancies in 
any of the elective offices under this Constitution, shall extend only to 
the election and qualification of a successor at the ensuing general elec¬ 
tion. 

Section 7. In all cases of elections to fill vacancies in office such 
election shall be for the unexpired term. 

Section 8. Upon the ratification of this Constitution the Commis¬ 
sioner of Lands and Immigration shall assume the office of Commis¬ 
sioner of Agriculture, and his duties as such shall be prescribed by the 
first Legislature assembled under this Constitution. 

Section 9. A general election shall be held in each county in this 
State on the first Tuesday after the first Monday in November, A. D, 
1898, and every two years thereafter, for all elective State and county 
officers whose terms of office are about to expire, or for any elective 
office that shall have become vacant. 

Section 10. The first election for County Judge, Clerk of the Circuit 
Court, Sheriff, Tax Assessor, Tax Collector, County Treasurer, County 
Superintendent of Public Instruction, County Surveyor, Justices of the 
Peace, Constables and all other elective officers shall be at the general 
election in 1888. 

Section ii. It shall be the duty of the president of this convention 
immediately on its adjournment to certify to the Governor a copy of this 
Constitution. 

Section 12. Upon receipt of such certified copy the Governor shall 
forthwith announce the fact by proclamation, to be published in such 
newspapers in this State as may be deemed requisite for general infor¬ 
mation, and five printed copies of such Constitution shall be transmitted 


192 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


by the Secretary of State to the clerk of the Circuit Court, and five to 
the county judge of each county, which shall be kept on file in their re¬ 
spective offices for examination by any person desiring the same. 

Section 13. All courts as now organized and constituted shall con¬ 
tinue with their jurisdiction until the Legislature shall conform to the 
requirements of this Constitution the jurisdiction of such courts as, un¬ 
der this Constitution, are to exercise in whole or in part the jurisdiction 
of courts now organized. 

Section 14. The terms of office of all county officers, unless other¬ 
wise provided, shall commence on the first Tuesday after the first Mon¬ 
day in January next after their election. 

ARTICLE XIX 
Prohibition 

Section i. The manufacture, sale, barter or exchange of all alco¬ 
holic or intoxicating liquors and beverages, whether spirituous, vinous 
or malt, are hereby forever prohibited in the State of Florida, except 
alcohol for medical, scientific or mechanical purposes, and wine for sac¬ 
ramental purposes; the sale of which alcohol and wine for the purposes 
aforesaid, shall be regulated by law. 

Section 2. The Legislature shall enact suitable laws for the enforce¬ 
ment of the provisions of this article. 

Section 3. This article shall go into effect on the first day of Jan¬ 
uary, A. D. 1919. 


Ordinances of the Constitutional 
Convention of 1885 


Ordinance No. i 

Section i. This Constitution shall be submitted to the people of the 
State of Florida for ratification on the first Tuesday after the first Mon¬ 
day in November, A. D. 1886, and it shall require a majority of the votes 
cast upon the question to determine its ratification or rejection. 

Section 2. At such an election each qualified elector shall express 
his assent or dissent, by having written or printed upon the ticket which 
he shall vote the words, “For the Constitution,” or “Against the Con¬ 
stitution;” such election being subject to the same regulations and re¬ 
strictions as are now prescribed by law. And in case of its ratification 
by the people, the Governor shall forthwith cause proclamation to be 
made of the fact, and it shall go into effect on the first day of January, 
A. D. 1887. 


Ordinance No. 2 

Section i. Article XIX shall be submitted to the people, when the 
Constitution is submitted for ratification, to become a part of the Con¬ 
stitution, if adopted by a majority of the votes cast upon the question, 
and the ballots of those voting on this article shall have written or printed 
on them the words “For Article XIX,” or “Against Article XIX.” 

Ordinance No. 3 

Be it Ordained by the People of Florida, Represented in Constitutional 
Convention: 

Section i. The pay of the members of this Constitutional Convention 
shall be a per diem for attendance of six ($6.00) dollars a day in addi- 

193 


13 



194 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


tion to mileage of ten cents a mile, each way, from their places of resi¬ 
dence to the capital and return, estimated by the shortest thoroughfare. 

Section 2. The pay of the secretary and assistant secretary of the 
convention and all the clerks elected by the convention shall be six 
($6.00) dollars per diem each, allowing the secretary and assistant sec¬ 
retary one day after adjournment to complete unfinished business; all 
committee clerks shall receive five ($5.00) dollars per diem for the num¬ 
ber of days certified by the chairman of the committee; the pay of the 
sergeant-at-arms shall be six ($6.00) dollars per diem, and the assistant 
sergeant-at-arms shall be five ($5.00) dollars per diem; the pay of the 
messengers of the convention shall be four ($4.00) per diem each; the 
pay of the door-keeper shall be five ($5.00) dollars per diem; the 
pay of the pages shall be three ($3.00) dollars per diem each; the pay of 
the janitor shall be two ($2.00) dollars per diem; the pay of the chaplain 
shall be one hundred dollars. The recording clerk shall complete his 
work after the adjournment of the convention, under the supervision of 
the Secretary of State, and shall be paid for the same fifty dollars when 
his work is completed. Eighteen dollars shall be paid W. R. Carter for 
services as assistant secretary for three days. Messrs. Dorr and Bowen 
shall be paid for printing the amount approved by the committee on 
printing, certified by the president and secretary of the convention. 

Section 3. The Comptroller is required to draw his warrant on the 
treasurer in favor of the officers and employes of this convention for the 
full amount allowed them by section two, and to each delegate of this 
convention for his pro rata share of the amount appropriated by the Leg¬ 
islature, after deducting from said amount the amount due said employes 
and all other expenses, including mileage of members, incurred by this 
convention. 

Section 4. The president is authorized on behalf of this convention 
to issue certificates signed by himself and countersigned by the secretary 
to each of the members, payable to himself or his order, bearing interest 
at the rate of eight per cent, per annum from date, for the amount re¬ 
maining due on account of the deficiency of the legislative appropriation 
for expenses of this convention. 

Section 5. The Legislature shall make an appropriation at its next 
session to pay said certificates. 


ORDINANCES OF CONSTITUTIONAL CONVENTION 195 


Section 6. Be it further ordained. That the secretary of this con¬ 
vention be and he is hereby authorized to audit the accounts of the mem¬ 
bers and all other expenses. 

Done in open convention, at Tallahassee, this third day of August, 
A. D. eighteen hundred and eighty-five, and of the independence of the 
United States the one hundred and tenth year. 

S. Pasco, President. 

J. E. Yonge, First Vice-President. 

Wm. H. Reynolds, Secretary Convention. 


W. M. Bennett, 

James R. Challen, 
Norman T. Scott, 

Wm. a. Blount, 

A. E. Maxwell, 

E. M. Randall, 

A. L. McCaskill, 

W. H. Milton, 

W. L. Hunter, 

Obadiah Edge, 

J. G. Speer, 

R. F. Taylor, 

John Westcott, 

L. W. Bethel, 

Joseph M. Tolbert, 
John C. Richard, 

Syd. L. Carter, 
Alexander Bell, 

Jas. B. Stone, 

Phillip Walter, 

W. H. Hausman, 

John Neel, 

William B. Randolph, 


W. T. Orman, 

Wm. F. Thompson, 
Hugh E. Miller, 

Wm. R. Bush, 

Robt. F. Rogers, 

Henry C. Hicks, 

Jas. Wood Davidson, 
William T. Weeks, 
Jeremiah Fogarty, 

E. C. Love, 

John Crews Pelot, 

A. D. McKinnon, 

J. P. B. Goodbread, 

B. D. Wadsworth, 
Joseph H. Humphries, 
Theodore Randell, 

B. F. Oliv'eros, 

F. B. Genovar, 

T. F. Swearingen, 

S. B. Conover, 

M. M. Blackburn, 

Wm. N. Sheats, 

Jas. P. Coker, 


King Wylly, 

Lewis Wilson, 

Wash M. Ives, 

James F. McClellan, 
J. E. Yonge, 

George I. Davis, 


C. C. Wilson, 
Hannibal Rowe, 
Robert Robinson, 
John B. Johnston, 
John W. Malone, 
S. J. Turnbull, 


196 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Wallace S. Jones, 

R. C. Park HILL, 
Thos. V. Gibbs, 

E. C. F. Sanchez, 

E. L. Odom, 

H. C. Baker, 

J. P. Morgan, 

W. F. Green, 

Angus Paterson, 
John D. Broome, 
Henry W. Chandler, 
J. D. Goss, 

Thos. N. Bell, 

Chas. W. Lewis, 

H. L. Parker, 

Paul Hatch, 

E. J. Lutterloh, 

J. R. Herndon, 
Wallace B. Carr, 


J. M. Landrum, 
p. J. Earle, 

Irving Gillis, 

Geo. P. Fowler, 

Jeff Alexis Hendley, 
W. H. Cook, 

John W. Tompkins, 
Thos. E. Clarke, 

W. B. Tedder, 

Robert Henderson, 

L. D. Carson, 

A. L. Wellman, 

Jno. Parsons, 

A. S. Mann, 

Alex Zipperer, 

H. H. Duncan, 

T. L. Clarke, 

John F. Marshall, 
W. A. Hocker. 


INDEX 


Pages. 

Actions at Law _ jj^ 

Adjutant General _87^ j52 

Administrative Boards _ 5^ 

Administrative Department _1_38, 163 

Administrative Officials _38, 163 

Ad valorem tax _ 142 

Agriculture, Commissioner of _ 60 

Amendments to Bills _48, 156 

Amendments to Statutes_48, 156 

Amendments to Constitution _ 189 

American’s Creed - 6 

Appeal, Right of - 124 

Appointment, Power of - 158 

Appropriation Bills - 51, 159 

Aristocracy - 17 

Arrest - 115 

Assessment, Tax - 142 

Attaches of Legislature - 50 

Attorney General -57, 163 

Attorneys, State -112, 169 

Australian Ballot System - 126 

Bail - 115, 152 

Ballot - 126, 129 

Form of - 13c 

Ballot Box - 126 

Bank Supervision - 74 

Bill of Attainder -25, 34 


197 





























198 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Pages. 

Bill in Legislature— 

How Introduced -48, 156 

Title to -48, 156 

Amendments to -48, 156 

Bill of Rights -31, 151 

Board of Commissioners of State Institutions-63, 163 

Board of Control - 68 

Board of Health -68, 147 

Board of Pardons - 64 

Board of Public Instruction, County - 98 

Board of Education, State -65, i8r 

Board of Drainage Commissioners _ 66 

Board of Pensions - 66 

Boundaries of Florida-34, 154 

Boys Reform School - 92 

Budget Commission - 68 

Budget System - 144 

Cabinet Officers - 53 

Caucus, Legislative - 50 

Certiorari, Writ of - no 

Charter, City - 103 

Checks and Balances, System of- 38 

Chemist, State - 76 

Circuit Courts -in, 167, 168 

City Government, Forms of -103, 178 

Clerk Circuit Court - 96 

Commerce, Powers over -25, 26 

Commission, Government by- 104 

Commissioner of Agriculture -60, 164 

Common Law- 120 

Comptroller, State -58, 164 

Compulsory School Attendance - 84 

Congress, Representation in - 131 

Congress, Members of - 131 

Congressmen, Qualification of - 133 

Congressmen, Term of - 131 

Congressional Districts - 132 






































INDEX 


199 


Pages. 

Constitution— 

State -30, 151 

U S. __ 21 

Plan of Government _ 37 

Contents, Table of _ 7 

Contract, Right of - 34 

Corrupt Practice Act - 127 

Corrupt Practice Prohibited _ 158 

County, the Political Unit-35, 176 

County, New -1-35, 94 

County Commissioners_98, 177 

County Judges - 95 

County Officers -95, I 77 . 192 

County Seat - 94 

County Surveyor - 99 

Courts, Provided by Constitution- 165 

Courts: Circuit -112, 167, 168 

County _112, 165, 170 

County Judges -112, 169 

Criminal - 112 

Justice Peace -165, 170 

Supreme - 109, 165 

Courts, Respect for - n? 

Court Procedure - ii 4 

Debt, Not Imprisoned for - 34 » ^53 

Declaration of Rights - 3 i. 

Deed to Land - 

Defendant - 

Democracies - 

Democratic Party - 

Diseases, Combatting- ^49 

Distribution of Powers - 37 i ^54 

Drafting for Military Service - ^ 

Due Process of Law - 

Duties of Citizens....-.. 




































200 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Pages. 

Education, State Board of -65, 181 

Educational System _79, 181 

Educational Extension Work - 85 

Elections, General _125, 191 

Elections, Primary - 127 

Election System _ 125 

Enacting Clause of Bills -48, 156 

English Common Law _ 120 

Equalizer, State Tax _ 77 

Equalizing Taxes - 143 

Examination of Teachers _ 83 

Executive, Chief - 53 

Executive Department _38, 53, 160 

Ex Post Facto Laws -25, 34 

Federal Government, Powers and Limitations _25, 26 

Feudalism - 15 

Fief - 15 

Finance, State Board of _ 69 

Fish Warden, County _ 99 

Fire Department, of Cities - 105 

Florida Agricultural and Mechanical College_ 82 

Freedom of Speech-33, 152 

Game Warden, County - 99 

Geologist, State - 76 

Gerrymandering - 132 

Girls Reform School - 92 

Government— 

Development of - 12 

Division of -37, 38 

Origin of - 9 

County - 94 

City - 103 

Governor— 

As Chief Executive - 53 

Executive Offices - 56 

Ex Officio Chairman of Boards- 55 




































INDEX 


201 


Pages. 

Home of_ 56 

Powers and Duties-54, 55, 160 

Qualifications and Eligibility _54, 160 

Term of -54, 160 

Vacancy in office of - 55 

Grand Jury, Origin of - 123 

Habeas Corpus, Writ of _25, 33, no, 152 

Health, State Board of _ 68 

Hotel Commission -*_ 73 

“Hue and Cry” -118 

Ignorance of Law, Does Not Excuse- 50 

Impeachment -46, 159 

Inspector, Marks and Brands- 99 

Insurance Companies - 74 

Internal Improvement Trustees - 66 

Investment State School Fund - 80 

Judicial Department -109, 165 

Jury Trials _ — 33 . 151 

Justices Supreme Court -109, 165 

Justices of the Peace - 112 

King Ethelbert’s Code - 122 

Kings, Divine Right of- 16 

Knight Service - I 5 

Labor Inspector, State - 77 

Land Surveys - 136 

Land Titles-- MO 

Laws— 

How Made - 48 

Constitutional Requirements - 51 

When to Take Effect- 50, I57 































202 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Pages. 

Legislative Department -38, 42, I 54 

Legislature— 

Committees of - 44 

Members of _ 45 , 47 , I 55 , 176 

Organization of - 43 , 44 

Special Powers of - 45 , 156 

Special Sessions -43, I 55 

Sessions Public -•-- 156 

Lotteries Prohibited - 158 

Majorities, Election - 127 

Mandamus, Writ of- no 

Martial Law - 87 

Marshall, City or Town - 105 

Mayor, City or Town - 105 

Militia -86, 184 

Military Establishment -86, 185 

Military Service - 86 

Military, Subordinate to Civil Power_ 153 

Monarchies - 15 

Mob Law - 118 

Municipalities -103, 178 

National House of Representatives - 131 

National Guard -86, 87 

Naval Stores Inspector_ 78 

New Counties -35, 94, 176 

New Trials - 33 

Nobility, Titles of Denied_;_ 26 

Normal Training - g3 

Ordinances, City - J04 

Organized Militia - 35 

Origin of Government _ q 
































INDEX 


203 


Pages. 

Origin of Jury Trials _ 123 

Origin of Common Law _ 120 

Page, Wm. Tyler - 6 

Pardons, Board of -64, 161 

Pardons, How Granted -64, 161 

Patriarchal Form of Government_ 14 

Pensions, Board of- 66 

Plant Board, State - 67 

Penalties for Crime -•__ 116 

Pilot Commissioners _ 99 

Plurality, in Elections - 127 

Poor, Caring for _100, 184 

Preamble, State Constitution - 151 

President, of United States _ 132 

President, of State Senate _44, 160, 163 

Presidential Electors - 133 

Prison, State _90, 184 

Prisoners, County and City- 92 

Prison Management _ 91 

Primary Elections - 127 

Prohibition, Writ of - no 

Prohibition of Intoxicating Liquor - 192 

Property, Classification of - 143 

Property, Exempt from Taxation -145, 179 

Property, Exempt from Forced Sale- 180 

Public Health _147, 185 

Publishing Laws -50, 186 

Public Conveniences, City - 107 

Public Roads - 99 

Purpose of Government - 10 

Quarantine, Power of - 148 

Quo Warranto, Writ of -no, in 

Railroad Commission - ^2 

Real Estate - I 43 




































204 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Pages. 

Registering to Vote -126, 174 

Reprieve - 161 

Reform Schools - 92 

Reforms in Prison Management - 91 

Religious Freedom -32, 151 

Representatives, in Legislature - 42 

Representatives, in Congress - 131 

Right of Accused -32, 152 

Right of Appeal - 124 

Right of Trial by Jury-33, 122, 151 

Roads, State Road Department - 69 

Safeguarding Public Health - 147 

Sanitary Department, City - 106 

Sanitary Board, State Live Stock - 68 

Salaries— 

Congressmen - 131 

Governor - 165 

United States Senators - 131 

Schools, Classes of - 81 

School Fund, State -80, 182 

School and State - 84 

Secretary of State -56, 163 

Section of Land - 139 

Senators, State - 43 

Senators, United States - 159 

Sessions of Legislature -43, 155 

Shell Fish Commission - 76 

Sheriff - 96 

Sovereignty of State - 27 

Speaker, House of Representatives -44, 155, 160, 163 

Special Tax School Districts-81, 182 

State Attorneys -112, 169 

State Board of Education -65, 181 

State Board of Control - 67 

State Board of Health -'-68, 147, 185 

State Budget Commission _ 68 





































INDEX 


205 


Pages. 

State Chemist _ 76 

State Canvassing Board _67 

State College for Women _ 82 

State Comptroller _59, 163 

State Health Officer _ 147 

State Live Stock Sanitary Board _ 68 

State Marketing Bureau _ 70 

State Plant Board _ 67 

States Rights _ 26 

State Superintendent Public Instruction _60,. 80, 164, 181 

State Treasurer _59, 164 

Statutes or Written Laws _ 122 

Supreme Court -109, no, in, 165, 166 

Superintendent Public Instruction, County _ 98 

Superintendent Public Instruction, State _60, 80, 164, 181 

Surveys of Land _ 136 

Tax Assessor _ 97 

Tax Collector - 97 

Taxation _142, 178 

Taxation, Inequalities of _ 144 

Taxation, Equalizing _ 143 

Taxation, Rate of_ i43 

Taxes, Division of _ 144 

Title to Land _ 140 

Township of Land_136, I 37 

Treason _ 153 

Treasurer, State _59, 164 

Trial by Jury - 32 

Tribal Form of Government - 14 

Trustees, Special Tax School District_ 99 

University of Florida - 82 

United States Senators— 

Qualifications - I 33 

Term of - I 33 

Office of _ 131 




































206 


GRAY’S CIVIL GOVERNMENT OF FLORIDA 


Pages. 

Vacancies (In Legislature) _ 43 

Valuation of Property for Taxation - 142 

Veto, of Act of Legislature-49, 158 

Voting _125, 126, 174 

Vice-President, of U. S. _ 133 

Witness, Right of Accused to Face _33, 152 

Woman Suffrage - 128 

Yeas and Nays, Recorded _ 156 

























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